[Asia Economy Reporter Kang Nahum] Yoon Jun-byeong, a member of the Democratic Party of Korea who was prosecuted for violating the Public Official Election Act, was finally sentenced to a fine of 500,000 won.
The Supreme Court's 3rd Division (Presiding Justice No Tae-ak) announced on the 11th that it upheld the original ruling sentencing Yoon to a fine of 500,000 won in his appeal trial.
Yoon was prosecuted on charges of sending a large number of greeting letters and New Year's cards to party members and local figures when resigning as the head of the Jeongeup-Gochang regional committee in December 2019, and distributing about 50 business cards of a preliminary candidate to churchgoers at the entrance of a church in Jeongeup, Jeonbuk, in January last year, constituting early election campaigning.
The first trial court sentenced Yoon to a fine of 900,000 won, ruling that he violated the Public Official Election Act.
However, the second trial court ruled that "the Public Official Election Act was amended to restrict early election campaigning 'indoors' at religious facilities," and judged that the part of the indictment concerning 'distribution of business cards in front of religious facilities' falls under 'dismissal' and is therefore not subject to punishment, reducing the sentence to a fine of 500,000 won.
Dismissal refers to a judgment that terminates a criminal trial without judicial decision due to reasons such as the statute of limitations having expired or the law being amended or abolished after the crime.
The Supreme Court also dismissed the prosecutor's appeal, stating that "there is no error in the legal reasoning of the original judgment."
With this ruling, Yoon will retain his position as a member of the National Assembly. If a fine of 1 million won or more is confirmed for violating the Public Official Election Act, the member loses their seat.
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