Prosecution's Appeal Dismissed

"Recognition of Falsity Not Proven"

Former prosecutor Shin Sung-sik, who was put on trial for allegedly defaming independent lawmaker Han Dong-hoon (then Deputy Chief Prosecutor at the Busan High Prosecutors’ Office, prosecutor-general level) by providing false information to KBS, was acquitted again in the appellate court.


The Criminal Appeals Division 3-1 of the Seoul Southern District Court (Presiding Judges: Jang Yoon-sun, Cho Gyu-seol, and Yoo Hwan-woo) on June 23 rejected the prosecution’s appeal against both former prosecutor Shin and KBS reporter Lee, who were indicted on charges of defamation through publications and other related offenses.


Seoul Southern District Court. Photo by Ji-ye Lee

Seoul Southern District Court. Photo by Ji-ye Lee

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The court acknowledged that some of the reports differed from the facts, but ruled that it was difficult to conclude the defendants were aware the information was false. Regarding the additional alternative charges brought during the appeals process, the court stated, "Unless awareness of falsehood is proven, it is difficult to conclude that the criminal facts have been established beyond reasonable doubt." Alternative charges refer to supplementary accusations the prosecution adds in anticipation that the main charges may not be upheld.


Regarding former prosecutor Shin, the court stated, "It is difficult to conclude that he fabricated the contents of a nonexistent transcript while knowing it was false," and added, "Given the information he had and the progress of the investigation at the time, there was room to believe that he considered his statements to be true, and it is difficult to say that awareness of falsehood has been proven beyond reasonable doubt."


Regarding reporter Lee, the court said, "At the time, former prosecutor Shin was considered an important source for the case, and there were grounds to trust his statements," adding, "Although failing to verify Han Dong-hoon's side prior to reporting was inappropriate from a journalistic ethics standpoint, this circumstance alone does not suffice to infer awareness of falsehood."


Former prosecutor Shin was indicted for allegedly providing KBS reporters with false information related to the so-called ‘prosecutor-media collusion’ allegations involving then-prosecutor Han Dong-hoon and former Channel A reporter Lee Dong-jae in 2020, when Shin was the third deputy chief prosecutor at the Seoul Central District Prosecutors’ Office.



Previously, KBS reported that it had obtained a transcript suggesting that the two had conspired to raise suspicions that former Roh Moo-hyun Foundation Director Yoo Si-min was involved in the alleged stock price manipulation of SillaJen. However, after former reporter Lee Dong-jae released the original transcript, controversy arose over the accuracy of the report. KBS acknowledged the error and issued an apology one day after the report.


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