Lee Jae-myung, leader of the Democratic Party of Korea, received an unexpected prison sentence in the first trial of the Public Official Election Act violation case. There are forecasts that a heavy sentence is also expected in the perjury coaching case scheduled for sentencing on the 25th. The legal community believes that some of the four trials currently faced by Lee will reach a final verdict before the 2027 presidential election.
On the 15th, the Seoul Central District Court sentenced Lee Jae-myung to one year in prison with a two-year probation in the first trial of the Public Official Election Act violation case. Initially, many in the legal and political circles expected a fine ranging from 800,000 to 1,500,000 KRW.
In the judgment, the court stated that Lee Jae-myung's remarks were related to suspicions of corruption in the Daejang-dong and Baekhyeon-dong development projects, which are very important factors for voters in assessing a candidate's ability and qualifications. The court particularly pointed out that Lee's remarks were "not minor enough to cause concern for damaging the function of the election system or the essence of representative democracy."
In sentencing, Lee's complete denial of the crime and lack of remorse, as well as his past record of fines for election law violations, worked against him. On the other hand, his defeat in the presidential election and lack of criminal records exceeding fines were recognized as mitigating factors.
The legal community sees little chance of a major reversal in the appellate trial. Since the first trial already acquitted Lee of the statement "I do not know Kim Moon-gi, former head of Seongnam Urban Development Corporation," the legal issues to be contested in the appeal have significantly decreased. Even if some acquittals are granted, it is expected to be very difficult for the sentence to change from imprisonment to a fine, given that a prison sentence was already handed down in the first trial.
Meanwhile, the perjury coaching case, with sentencing scheduled for the 25th, is expected to result in even harsher punishment than the Public Official Election Act violation case. The prosecution has demanded a three-year prison sentence in this case. The core of the perjury coaching case is the allegation that Lee Jae-myung instructed Kim Jin-sung, the late Kim Byung-ryang’s former secretary who passed away in December 2018, to commit perjury in his trial.
From the beginning, the legal community considered the perjury coaching case more likely to result in a guilty verdict than the Public Official Election Act violation case, due to confessions from former secretary Kim Jin-sung and evidence such as recorded phone calls. Especially, since perjury coaching is a crime that infringes on the state's judicial function and protects significant legal interests, the level of punishment can be severe.
The Supreme Court regards the standard for false testimony in perjury cases as the "subjective theory." In other words, the key to establishing perjury is not whether the testimony matches objective facts, but whether the testimony differs from the witness's memory or perception. Therefore, even making a witness testify as if they remember something they do not can constitute perjury coaching.
Currently, Lee faces a total of five criminal trials after the prosecution additionally indicted him without detention on the 19th for allegations including the "private use of Gyeonggi Province corporate cards." If he is sentenced to imprisonment or higher in even one of these cases, his eligibility to run for office will be restricted for 10 years after the completion of the sentence. Moreover, if guilty verdicts are confirmed in multiple trials, the restrictions on candidacy will be applied concurrently. Even if the restriction period for one case ends, if another restriction period remains, he will not be able to run in elections.
The legal community expects the Supreme Court's final ruling on Lee Jae-myung's Public Official Election Act violation case to be issued before the 2027 presidential election. The Public Official Election Act limits the duration of election crime trials, so a faster judgment than ordinary criminal cases is anticipated. It is also known that there is a consensus within the judiciary that postponing all of Lee's trials until the 2027 presidential election is undesirable.
In particular, legal insiders say, "In election cases, even a fine of over 1 million KRW restricts candidacy in the next election, and for other crimes, even a suspended prison sentence disqualifies one from running in the presidential election," adding, "If all four trials are not concluded by 2027 and controversies arise later, it means the judiciary has failed to fulfill its responsibility."
Accordingly, the legal community believes that at least one or two of Lee Jae-myung's trials could reach a Supreme Court final verdict by the end of next year at the latest. Especially in the Public Official Election Act violation case, since the facts are relatively straightforward and there is little room for legal dispute, a swift judgment is expected.
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