A netizen who was prosecuted for posting malicious comments targeting singer and actress IU has received a suspended prison sentence in the appellate court.
According to the legal community on May 31, the Criminal Appeals Division 9-2 of the Seoul Central District Court, presided over by Judges Hwang Bo Seung-hyuk, Jung Hye-won, and Choi Bo-won, sentenced an individual identified as Mr. A to four months in prison, suspended for one year, on charges of insult. The court also ordered probation and 80 hours of community service. As Mr. A did not file a further appeal, the ruling has become final.
Previously, Mr. A was fined 3 million KRW in the first trial for posting malicious comments. During the appeals process, another case involving similar defamatory and insulting comments was merged with the existing case, resulting in a heavier sentence. In that separate case, Mr. A had also received a fine of 3 million KRW in the first trial.
The appellate court determined that the defendant had used the expressions in question while specifically referring to the victim and concluded that the remarks constituted insults capable of damaging the victim’s social reputation. The court further found that there was clear intent behind the offensive comments.
The judges also noted that even though the victim is a public figure, the expressions used by the defendant exceeded the level of criticism or commentary that society would generally consider acceptable.
In explaining the sentence, the court stated that the defendant continued to deny the charges throughout the appeals process and showed no signs of remorse. It also pointed out that the defendant had not been forgiven by the victim and had a history of committing similar offenses, indicating a significant risk of reoffending.
However, the court took several mitigating factors into consideration. Reports indicate that Mr. A suffers from intractable epilepsy, which can make emotional regulation difficult. The court also considered the fact that the defendant had deleted the offending comments when determining the final sentence.
Sources: Nate
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