[Asia Economy Reporter Cho Sung-pil] It appears that the prosecution will not easily be able to prove the core allegation of "villa sexual bribery" against former Deputy Minister of Justice Kim Hak-ui in the appellate trial as well.
The Criminal Division 1 of the Seoul High Court (Presiding Judge Jung Jun-young) on the 17th denied the prosecution's request to examine witnesses including construction businessman Yoon Joong-chun and a woman who was a victim of sexual assault at the first appellate trial of former Deputy Minister Kim.
The court stated, "It is judged that witness examination was sufficiently conducted in the first trial," and added, "The prosecution argues that it is necessary to re-examine Yoon and others because the prosecutor who investigated them during the investigation did not participate in the first trial, but this cannot be considered a sufficient reason."
However, the court said, "If the woman who had sexual relations with former Deputy Minister Kim under Yoon's threat wishes to testify, we will summon her," and asked the prosecution to confirm her willingness.
According to the prosecution, former Deputy Minister Kim is accused of receiving bribes worth approximately 170 million won from construction businessman Yoon Joong-chun and businessman Choi Mo, who is an acquaintance.
The prosecution's charges include 13 instances of sexual bribery that former Deputy Minister Kim allegedly received between 2006 and 2007 at Yoon's villa in Wonju and other locations, which are also included as bribes.
The first trial acknowledged that former Deputy Minister Kim received sexual bribery from Yoon but ruled a dismissal due to the expiration of the statute of limitations.
The prosecution requested witness examination of related persons, arguing to contest the related charges again, but as the court denied this, it is expected to face difficulties in proving the charges.
Regarding the bribery charges related to receiving money and valuables, the prosecution submitted the judgment document of former Busan City Deputy Mayor Yoo Jae-soo as evidence.
The prosecution stated, "Unlike the court's judgment in other cases, the first trial narrowly interpreted the job relevance of a high-ranking prosecutor and acquitted him."
The logic was that since former Deputy Mayor Yoo was broadly recognized for job relevance in the first trial and was convicted of bribery, the case of former Deputy Minister Kim should also recognize job relevance and deliver a guilty verdict.
The first trial court ruled not guilty on the charges, stating that neither the quid pro quo nor job relevance was proven.
The appellate court scheduled the second trial date for former Deputy Minister Kim on the afternoon of August 19. Businessman Choi, who allegedly gave bribes to former Deputy Minister Kim, is expected to appear as a witness on that day.
Earlier, the prosecution applied charges including violation of the Act on the Aggravated Punishment of Specific Crimes (bribery) against former Deputy Minister Kim and indicted him in custody in June last year.
This case began with the investigation recommendation of the Ministry of Justice's Past Affairs Committee and President Moon Jae-in's order for fact-finding. A total of 13 prosecutors, led by Daegu District Prosecutor General Yeo Hwan-seop (then Cheongju District Prosecutor General), were deployed.
The prosecution detained former Deputy Minister Kim and found separate bribery charges to indict him, but the first trial ended with an acquittal, resulting in a disappointing conclusion.
The prosecution appealed the first trial verdict, but it is uncertain whether a different judgment can be drawn regarding the sexual bribery allegations.
This is because Yoon, who was indicted for providing sexual bribery to influential figures including former Deputy Minister Kim, was acquitted of sexual assault charges in the second trial last month.
At that time, the court recognized the facts of sexual bribery at the villa but judged that there was no quid pro quo to punish the sexual charges as bribery under criminal law.
Yoon was only found guilty of separate fraud charges and was sentenced to 5 years and 6 months in prison.
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