In her own lawsuit for defamation, influencer Han Seo-hee claimed that the comments made by a man in his 30s on articles related to her were satirical, but both the first and second trials imposed a fine of 500,000 KRW each, which has now been confirmed.
According to legal sources on the 10th, the Seoul Central District Court's Criminal Division 50 (Chief Justice Cha Young-min) sentenced the man, identified as A, to a fine of 500,000 KRW in the second trial for the charge of defamation. Both the prosecutor and A did not appeal the second trial verdict, making it final.
A posted a comment on the internet in December 2022 in response to an article titled '3rd Drug Offense by Han Seo-hee, Convicted in the Appeal Trial as Well...Appeal for Leniency'. A wrote, "Can't give up the drugs, shaking a small plastic bag containing white powder in the face, when you shake it, the pupils dilate and her buttons come undone lol."
Han Seo-hee directly pressed charges against A for defamation. Defamation is a private crime, which means that the accused cannot be prosecuted without the victim's (Han Seo-hee) complaint. This offense occurs when expressions are made that degrade the victim's social evaluation with contemptuous feelings. During the trial, A denied the charges through a state-appointed attorney.
A's defense argued that he had posted satirical comments by imagining a ridiculous scenario of mistaking a flour bag for drugs. They claimed that there was no intention to disgrace the victim, hence requesting an acquittal.
However, the first trial did not accept this defense. In July last year, Judge Lee Chun-geun of the Seoul Central District Court's Criminal Division 1 found A guilty of the charges and imposed a fine of 500,000 KRW.
The first trial panel judged that A's comment was not merely satirical but was considered as an expression intending to insult the victim's dignity.
A appealed the first trial verdict. During the second trial, A added a new argument. He claimed that the term 'sex' was to imply 'sacks' in Korean, referring to divisions, not sexual relationships, and that 'unbuttoning the buttons' meant loosening the cuffs for drug injection, not clothing removal.
Nevertheless, the second trial panel also rejected A's arguments. Judge Cha Young-min of the Seoul Central District Court's Criminal Division 50 upheld the 500,000 KRW fine for A.
The second trial panel interpreted A's comment as implying that when a bag with drugs was shaken in front of the victim's eyes, she undressed, hence a derogatory expression objectifying the victim sexually and devaluing her social image.
Regarding sentencing, the second trial panel concluded that the first trial had already considered various factors that could weigh in favor or against A and determined the right penalty.
The verdict is now final. Both the prosecutor and A did not appeal the second trial decision to the Supreme Court.
Han Seo-hee, a former trainee singer, received a suspended sentence for smoking marijuana with Big Bang member T.O.P (38, real name Choi Seung-hyun) in 2016. Despite the suspended sentence, she continued involvement with drugs and eventually received a 1 year 6 month prison term. She was released on parole in November 2023.