Former Deputy Minister Jeon Ik-soo was acquitted in a case accusing him of improperly intervening in the investigation of the death of Sergeant Lee Ye-ram.
The Supreme Court's second division, led by Chief Justice Oh Kyung-mi, dismissed the special prosecutor's appeal in the case of the former Deputy Minister charged with 'coercion of an interview' under the Act on the Aggravated Punishment of Specific Crimes on the 10th, confirming the lower court's ruling. Previously, the former Deputy Minister had been acquitted in both the first and second trials.
Sergeant Lee, who was part of the 20th Fighter Wing, reported being sexually assaulted by her superior, Sergeant Jang Mo, in March 2021, but after suffering secondary victimization, she took her own life during the military prosecution investigation. Following this, controversies arose over the military prosecutor's inadequate investigation, revealing circumstances of the case as special prosecutor investigations proceeded.
The former Deputy Minister was indicted in September 2022 on charges of attempting to check the investigation details by questioning a military prosecutor about an arrest warrant requested for civil servant Yang Mo, who provided him with case security information during the investigation of Sergeant Lee's case.
Both the first and second trials acquitted the former Deputy Minister. It was determined that his actions were inappropriate, but did not warrant punishment for coercion of an interview. Coercion of an interview is a crime punishable by up to three years in prison or fines of up to 3 million won when a person threatens another regarding a criminal case investigation or trial without just cause.
The first trial court determined that 'the counterpart of the former Deputy Minister alleged to have exerted influence was a military prosecutor, who cannot be included as a target of the coercion of an interview under the special law.' It added, 'Although the behavior of the former Deputy Minister is very inappropriate and significantly undermines the fairness and reliability of the investigation, the mere need for punishment cannot retrogress the principle of legality.'
The prosecution appealed the first trial verdict, but the second trial court dismissed the appeal on the same grounds. However, the second trial court emphasized, 'That the actions are not criminally punishable does not mean they are justified or legally acceptable.'
Following this, the prosecution also appealed the second trial verdict, but the Supreme Court found no issues with the second trial ruling on that day.
Meanwhile, the Supreme Court confirmed a fine of 5 million won for civil servant Yang, who was indicted alongside the former Deputy Minister, and a two-year prison sentence for Colonel Jeong Mo, who was indicted for defaming Sergeant Lee's reputation.