Accused of Using Popular Song Lyrics as Evidence
"If No Proof, Deny; If Proof, Blame Others"
The prosecution has requested a two-year prison sentence for Lee Jae-myung, leader of the Democratic Party of Korea, who was indicted on charges of making false statements during the last presidential election.
On the 20th, at the sentencing trial held before the Criminal Division 34 of the Seoul Central District Court (Presiding Judge Han Seong-jin), the prosecution asked the court to impose this sentence on Lee for violating the Public Official Election Act. The prosecution argued, "The defendant repeatedly lied to the entire nation during the 20th presidential election process to secure the presidency, making the matter serious," and added, "Since the lies were repeated on highly influential broadcasts, it is clear that they had a significant impact on voters' choices."
The sentencing hearing for Lee Jae-myung, leader of the Democratic Party of Korea, on charges of violating the Public Official Election Act was held on the 20th at the Seoul Central District Court. Lee is answering reporters' questions before entering the courtroom upon arriving at the court. Behind him stand senior members and party officials of the Democratic Party. Photo by Heo Young-han younghan@
The prosecution also stated, "To protect the fairness of elections and the constitutional value of democracy, strict punishment is necessary regardless of status for distorting voters' choices through lies," and "If the application standards of the Public Official Election Act differ depending on the defendant's status and political situation, the purpose of the law to realize democracy will be nullified." Furthermore, they explained, "The sentence request was made solely based on the gravity of the crime, the nature of the offense, the consequences, circumstances after the crime, prior similar offenses, and the court's sentencing guidelines, without considering the defendant's status or other non-judicial factors."
Lee was non-custodially indicted in September 2022 on charges of publicly disseminating false information during a broadcast interview on December 22, 2021, when he was the Democratic Party's presidential candidate. He falsely claimed that he did not know the late Kim Moon-gi, former Head of Development Division 1 at Seongnam Urban Development Corporation, as Kim was a subordinate employee during Lee's tenure as mayor of Seongnam. He also faces charges of making false statements on October 20, 2021, at the National Assembly Land, Infrastructure and Transport Committee's Gyeonggi Province audit, regarding allegations of preferential treatment in the land-use change of the Baekhyeon-dong Korean Food Research Institute site. He claimed that the Ministry of Land, Infrastructure and Transport, which requested the land-use change, threatened to accuse him of dereliction of duty, forcing him to comply.
Regarding former Director Kim, the prosecution said, "The two had objectively confirmed special interactions over 12 years until shortly before Kim's death in 2021," and added, "Despite having unforgettable memories such as overseas golf and fishing during his mayoral term, the defendant lied, which would have been quickly exposed, because he was running as a presidential candidate at the time."
Concerning the Baekhyeon-dong issue, the prosecution pointed out, "Before the Daejang-dong risk was even contained, the Baekhyeon-dong allegations, a second Daejang-dong, emerged, cornering the defendant," and criticized, "The defendant meticulously prepared and turned the nationally broadcast live audit into a 'lie stage'." They further noted, "The defendant's excuses follow a consistent pattern: denial when there is no evidence, and blaming others when evidence exists," adding, "This case (Baekhyeon-dong) is a typical example of the defendant blaming others."
While explaining Lee's charges to the court, the prosecution metaphorically cited lyrics from popular songs. The prosecutor said, "The lyrics 'Even if that person sees me, I don't know that person; even if I know, I can't remember' (from Lee Moon-se's 'When Love Passes By') reflect the defendant's position in this case," and pointed out, "It is clear that he lied by claiming not to know or remember the interactions, although he obviously did, to win the election."
The trial will proceed with Lee's final defense arguments and his final statement following the prosecution's sentencing request. If Lee is convicted of violating the Public Official Election Act and fined more than 1 million won, he will lose his seat as a member of the National Assembly and be disqualified from running for office for the next five years. Additionally, the Democratic Party will have to return 43.4 billion won in election funds received during the last presidential election.
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