Kim Hye-kyung's Appeal Verdict on Violation of the Public Official Election Act

Kim Hye-kyung was sentenced to the same fine of 1.5 million won in her appeal for violating the Public Official Election Act.

Kim, the spouse of Lee Jae-myung, the Democratic Party's presidential candidate, had her appeal dismissed according to the ruling of the 3rd Criminal Division of the Suwon High Court (Presiding Judge Kim Jong-ki) on the 12th.

Kim's attorney, Kim Chil-jun from the law firm Dasan, stated immediately after the verdict, "It is regrettable that the same disappointing ruling as in the first trial has been repeated," and added, "We believe it is necessary to seek a review in the Supreme Court."

The lawyer emphasized, "Our argument was that it does not comply with the principle of legality of penal laws to select certain facts without direct evidence, infer indirect facts based on them, and then assume the charges based on those inferred indirect facts."

Does not comply with the principle of legality of penal laws

Court's Judgment and Background of the Case

Kim was indicted for providing a meal worth 104,000 won to three Democratic Party officials and their aides at a restaurant in Seoul while Lee Jae-myung was serving as the Governor of Gyeonggi Province in August 2021, during the Democratic Party's presidential candidate primary (a donation act).

After being sentenced to a fine of 1.5 million won in the first trial, she appealed on the grounds of unfair sentencing, misinterpretation of facts, and misunderstanding of legal principles, but her appeal was dismissed.

The appeal court stated, "Considering the circumstances of the original judgment, the position and relationship of the defendant and Mr. Bae, and the main duties performed by Mr. Bae during his tenure as a public servant at the Gyeonggi Provincial Office, as well as the frequent use of the provincial corporate card in dealings with the defendant, the initial ruling is deemed justified."

The court also pointed out, "In light of the circumstances, means, and methods of the offense, the defendant's responsibility is not light, and the defendant appears to deny the crime while shifting responsibility to Mr. Bae, which is an unfavorable factor."

However, the court deemed the initial sentence appropriate, taking into account that "the goods or benefits provided in the donation act are minor, there seems to be no direct influence on the election, and the defendant is a first-time offender with no previous criminal record."

Meanwhile, Mr. Bae, a former 5th-grade special public servant affiliated with the Gyeonggi Provincial Office and an associate of Kim, was sentenced to ten months in prison with a two-year probation in both the first and second trials for conspiracy as a co-offender in the violation of the Public Official Election Act.

The principle of conspiracy as a co-offender holds that if two or more people collude to commit a crime and only some of the conspirators execute the act, the crime is established jointly against those who did not perform the act.

Kim remained silent after the ruling and left the courthouse by vehicle.

Given the attorney's statements, the likelihood of an appeal to the Supreme Court is high.

This case serves as a reference point for the judicial standards regarding violations of the Public Official Election Act by politicians' spouses, and attention is focused on what judgment will be rendered in the Supreme Court.

Image Source: Kim Hye-kyung, the spouse of Lee Jae-myung, the Democratic Party presidential candidate who was fined in the first trial for "violating the Public Official Election Act," leaves the Suwon High Court in Yeongtong-gu, Suwon, on the afternoon of the 12th after the ruling of her appeal. / News1, News1