"Deliberately Scripted, Very Unfair"
"Will Calmly and More Carefully Address the Correction"
Hong Nampyo, mayor of Changwon Special City in Gyeongnam, who was acquitted in the first trial after being indicted for violating the Public Official Election Act, was sentenced to a disqualification from office in the appellate trial.
The 1st Criminal Division of the Changwon Branch of the Busan High Court (High Court Judges Min Dalki, Kim Changyong, Kang Youngsun) overturned the original acquittal verdict and sentenced Mayor Hong to six months in prison with a one-year probation on the afternoon of the 18th at 1:30 PM.
Hong Nampyo, Mayor of Changwon Special City, Gyeongnam, is heading to the courtroom at Changwon District Court to receive the appellate trial verdict. Photo by Lee Seryeong
Mayor Hong was prosecuted on charges of attempting to offer a public office as a condition for withdrawal to a local politician B, who was planning to run as a preliminary candidate for the Changwon mayor from the People Power Party during the nationwide simultaneous local elections on June 1, 2022.
A, who was the general election campaign headquarters chief at Mayor Hong’s campaign at the time, was also indicted for conspiring with Mayor Hong to propose and promise a public office to B, and was sentenced in the appellate trial to six months in prison with a one-year probation.
B, who claimed that he did not run for election after receiving a promise of public office from Mayor Hong and A and reported them, was sentenced to four months in prison with a one-year probation, the same as in the original trial, for accepting the promise of public office.
The first trial court acknowledged that A attempted to offer a public office to B but ruled that it was an independent act by A, who had extensive election experience, to enhance the competitiveness of the political newcomer Mayor Hong, and acquitted Mayor Hong.
However, the appellate court completely overturned the original verdict.
The appellate court examined key issues such as whether B was a candidate for the election, whether there was a promise or conspiracy regarding the public office, and whether Mayor Hong was aware of the promise of public office.
Mayor Hong’s side argued that B, who neither officially declared his candidacy nor prepared for it, was not a candidate, and that there was no conspiracy to promise or bribe him in exchange for withdrawal.
However, the appellate court judged that although B did not definitively express his intention to run, third parties around B recognized the possibility of his candidacy, and that Mayor Hong and A had the purpose of preventing B from becoming a candidate.
The specific promise of the public office as an ‘economic advisor’ could not be seen as an independent act unrelated to the will of then-candidate Mayor Hong, and it was judged that Mayor Hong received reports from A and accepted them.
Hong Nampyo, Mayor of Changwon Special City, Gyeongnam, is answering reporters' questions in front of the courthouse after the appellate court ruling. Photo by Lee Seryeong
Immediately after the appellate verdict, Mayor Hong sat in the defendant’s seat for about five minutes, then left the courtroom and appealed to the press about his grievance.
He said, “I am very unfairly treated,” and emphasized, “I never proposed or promised a public office, and I absolutely told them not to promise any position. That’s all.”
“If you look at the evidence, it would be very clear, but it was forcibly manipulated according to a meticulously planned story by the accuser,” he said.
“I am very sorry to the citizens,” he added, “and I want to clearly state that the truth itself is not the same as this ruling.”
The day after the verdict, Mayor Hong held a press conference at the city hall press center, announced his intention to appeal to the Supreme Court, and apologized again to the citizens.
Mayor Hong said, “I am deeply sorry for causing concern to the citizens due to this appellate ruling amid various difficulties inside and outside the country and national turmoil.”
He continued, “Regardless of personal matters, I will calmly manage city administration and take extra care to ensure there is no anxiety or inconvenience in citizens’ daily lives,” and “I will also diligently carry out projects for the future of Changwon without any disruption.”
He expressed regret, saying, “The appellate court convicted based on assumptions relying solely on selectively presented evidence intentionally planned by the accuser, and testimonies from the accuser and one or two members of the surrounding interest group whose credibility is difficult to recognize.”
“While I hold the value and belief that judicial decisions must be absolutely respected, I cannot help but file objections through legally guaranteed procedures regarding this judgment,” he revealed his intention to appeal.
Mayor Hong said, “Although the current situation is difficult and I feel worried and anxious, I respect and trust the judiciary,” and “I will do my best to reveal the truth and wait humbly for the Supreme Court’s decision.”
Mayor Hong was acquitted in the first trial on February 8, about one year and two months after being indicted on November 30, 2022, but was found guilty in the second trial about nine months after the prosecution appealed.
Under the Public Official Election Act, if an elected public official is sentenced to imprisonment or a fine of 1 million won or more for violating the Act, the election is invalidated.
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