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Chun Doo-hwan (89), who was accused of defaming a lion, was sentenced to the first trial. Everyone is paying attention to the results of the trial, which took place two years and six months after the indictment in May 2018.
In his memoirs, Jeon was accused of defaming the late Father Jobio, who testified to a helicopter shooting at the time of May 18, accusing him of being “ an unscrupulous liar whose word is a clergyman. ”
Although the facts are pointed out, it must be recognized that the crime of defamation of the deceased defames the deceased as a false fact, unlike the crime of defamation that is upheld. Therefore, there are two main issues in this case that are also related to the investigation 5 · 18.
Helicopter shooting that day, was there really
The most important thing is to test whether the helicopter shots actually occurred during the Democratization Movement on May 18. It is important if Mr. Jeon is aware of the possibility of shooting a helicopter, in other words, if the expression “Mr. Cho is a liar” is a false fact and he intentionally put the allegations in his memoirs.
Chun claims that there was no helicopter fire at the time. They explained that if there was a helicopter fire in Gwangju City in May 1980, there should be many more witnesses, and evidence such as shells should remain on the road or in the Gwangju stream, but that is not the case.
However, the prosecution said ▲ Testimony of citizens ▲ The results of the evaluation of the National Institute of Scientific Research of the bullet marks found on the 10th floor of the Jeonil Building, which was the highest in Gwangju, ▲ The results of the investigation of the Special Investigation Committee 5 · 18 of the Ministry of National Defense ▲ The army was at its discretion until May 21, 1980. It is refuted based on the content of the lessons learned about the Gwangju riots that distributed live ammunition to they could fire accordingly.
Lawyer Kim Jeong-ho, who is the legal representative of Father Jo Young-dae (Father Jobio’s nephew) who charged Jeon, said: “The reason why it is difficult to confirm the details regarding the helicopter shooting with records official military is that regime leaders like Chun were able to sufficiently conceal and manipulate the main evidence that could be a problem. Instead, he said: “We were able to confirm the related content through logs kept secret by security companies or through internal documents from the 511 Investigation Committee (which took the lead in concealment).”
The intentional distortion of Chun Doo-hwan’s story?
Organizations and officials on May 18 insist that Chun’s memoirs contain a willingness to distort history. It was based on the fact that the release date of the memoirs coincided with the moment when the investigation into the fact of the helicopter shooting was rekindled by the discovery of bullet marks before the remodeling of the Jeonil Building.
The prosecution also argues that, considering Chun’s position in the military leadership, it makes no sense for him to mention helicopter shooting without knowing anything. At the time, Chun was the key person who led the 12/12 incident as a security commander and created the fifth government government until 5/18.
Furthermore, Mr. Kim said: “A judgment that would not have progressed if Mr. Chun had not actively distorted it and at least silenced it.” Wow, the truth came out. “
“In Mr. Chun’s memoirs, there are dozens of false facts, such as the North Korean military intervention and prison raids,” he said. “Of these, the only false accusation of helicopter fire was the only identified victim, which makes criminal punishment possible.”
Is freedom of expression ‘liar’?
In the early days of the trial, Mr. Chun argued that the fact that the “liar” in the memoirs was a literary expression that was not a timely expression but an expression of opinion. Therefore, freedom of expression must be guaranteed. However, even when expressed satirically or metaphorically, in fact timely defamation can be established.
There is a precedent that it cannot be recognized as freedom of expression when writing for defamatory purposes or using derogatory words without sufficient effort to confirm the facts. Experts predict that Chun’s argument will be difficult to accept.
The crime of defamation of a lion is punishable by imprisonment of up to two years, imprisonment, or a fine of up to 5 million won. Previously, the prosecution asked Jeon for a year and six months in prison. This trial is more than a defamation case against people, as it is actually the last judicial punishment related to the 18 de Mayo Democratization Movement.
Lawyer Kim said: “It is a trial judging Chun’s guilt to cover up personal defamation, but in essence, it is a task to find out the historical truth about whether there was a helicopter fire during the May 1980 uprising. “It will be a symbolic trial that establishes historic justice through the judicial conviction against Mr. Chun at the present time, when the search for unfinished facts remains a task.”
Chun’s first trial will be held at 2 pm on the 30th at the Gwangju No. 201 District Court Supreme Criminal Court.
Reporter Moon Ji-yeon [email protected]
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