This past July, the courts found Ms. Song innocent of defamation of character and false accusations against the JYJ member due to lack of evidence. However, Yoochun's side filed to appeal a week after the ruling.
The first appeal trial for Yoochun's case against Ms. Song was held on September 5, and the prosecution claimed the bathroom in which the alleged sexual assault took place was too small for an assault to occur. Yoochun's side stated, "The jury for the initial trial unanimously voted 'not guilty,' but it's not possible for rape to occur in a small bathroom. What really occurred is that Yoochun did not give Ms. Song his number or money after consensual sex, so she falsely accused him of rape." The prosecution further alleged the evidence was not properly reviewed in the intial trial, and Yoochun's testimony may have caused misunderstanding among the jury. Ms. Song's acquaintance, who exchanged text messages with her around the time of the incident, was also requested as a new witness. However, the judge found no need for the acquaintance to be called.
Ms. Song is reported to have burst out in tears in court, stating, "Prosecutor, why are you trying to kill me? You haven't even seen the location yourself, yet you're claiming I'm making false accusations and putting a knife in my chest."
Ms. Song's lawyer, public defender Lee Eun Ui, also stated, "In the first trial, there was thorough examination of the evidence amidst media coverage, multiple witnesses, and Yoochun's personal testimony. Despite the fact that the jury came to a unanimous decision, the prosecution is still trying to claim the defendant is guilty. Please consider the defendant's life."
The next appeal trial will be held on September 21.