The guilty verdict of former National Police Agency Commissioner Kang Shin-myung, who was prosecuted for intervening in elections using intelligence police and illegally surveilling anti-government figures during the Park Geun-hye administration, has been finalized.
On the 12th, the Supreme Court's 2nd Division (Presiding Justice Lee Dong-won) upheld the original sentence of 1 year and 2 months imprisonment with a 2-year probation for former Commissioner Kang.
The court stated the reason for dismissing Kang's appeal was that "there was no error in the lower court's judgment regarding the Public Official Election Act, abuse of authority, and obstruction of rights that affected the verdict."
Earlier, Kang and others were prosecuted for violating the Public Official Election Act by collecting tailored election information for the pro-Park (pro-Park Geun-hye) faction and directing and carrying out election-related intelligence activities during the 20th general election in April 2016. They were also accused of designating progressive education superintendents critical of the Blue House and ruling party, as well as some members of the National Human Rights Commission, as 'leftists' and conducting surveillance from 2012 to 2016.
In the first trial, Kang was sentenced to 1 year and 2 months imprisonment. However, in the appellate trial, the sentence was reduced to 1 year and 2 months imprisonment with a 2-year probation.
According to the separate sentencing provision under the Public Official Election Act, Kang's other intelligence-gathering charges unrelated to the general election were separately confirmed with a 4-month imprisonment sentence with a 2-year probation.
Meanwhile, the original sentence of suspended imprisonment was upheld for former National Police Agency Commissioner Lee Cheol-sung, who served as Deputy Commissioner during Kang's tenure. Former Blue House Senior Secretary for Political Affairs Hyun Ki-hwan was acquitted without judicial judgment (dismissal of prosecution).
Both the prosecution and Kang appealed, but the Supreme Court dismissed both appeals on the day, stating there was no problem with the lower court's judgment.
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