Choi Jong-bum had previously faced legal consequences for assaulting Goo Hara and making threats to release a sex video recorded without her consent.
On September 19th, legal experts revealed that the Constitutional Court unanimously agreed to hear a petition from an individual known as Mr. Jeong, aiming to overturn the prosecution’s decision to suspend the indictment. The prosecution had determined that Jeong’s remarks on an online article were defamatory but chose not to pursue a trial. A suspension of indictment acknowledges the offense yet considers various factors to halt prosecution.
In July 2021, Jeong made a comment on a piece titled “Goo Hara’s Ex-Boyfriend Choi Jong-bum Shows Gaunt Appearance,” which was published online. Jeong stated, “Is he showcasing his gaunt look to win sympathy? A person like that X wouldn’t garner any sympathy, even if he ended his life!”
As a result, Choi Jong-bum launched a defamation case against Jeong. The Incheon District Prosecutor’s Office ruled in December 2021 that Jeong’s comment amounted to defamation, leading to a suspension of the indictment. Subsequently, in May 2022, Jeong filed a petition with the Constitutional Court, seeking to annul the suspension.
Jeong acknowledged posting the comment but contended that, when viewed in context, tone, and overall message, it did not constitute contempt that would diminish Choi’s social standing. He further asserted that the prosecution violated his constitutional rights to equality and the pursuit of happiness by failing to adequately investigate the facts or conducting a thorough legal analysis.
The Constitutional Court determined that Jeong’s remark did not fulfill the legal criteria for criminal defamation, considering the context and frequency of the comment’s posting.
The court articulated, “Defamation, by legal definition, involves making ‘abstract judgments’ or expressing ‘contemptuous emotions’ without stating factual information, which could harm an individual’s social standing. Although the comment in question was offensive and crude, it is challenging to conclude that it reflected feelings of contempt that would undermine the victim’s social reputation.”
Additionally, the court emphasized that language is a vital aspect of expression, and individuals’ speech styles differ. Thus, not all impolite or crude language should automatically face criminal penalties under defamation legislation.
The court’s ruling appears to consider the widespread public criticism Choi Jong-bum faced at the time. Choi received a one-year prison sentence from the Supreme Court in October 2020 for offenses including assault, property damage, intimidation, and coercion connected to Goo Hara. Throughout the legal proceedings, Choi shared a video of himself dining and drinking with friends at a beauty salon launch event, further inciting public outrage by displaying a lack of remorse.
In a tragic turn of events, Goo Hara was found deceased in her home on November 24th, 2019.
Source: Nate
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