Prosecution Seeks 2-Year Prison Sentence for Lee Jae-myung in Election Law Appeal (Comprehensive)

Prosecution Argues "Distortion of Voters' Choices"

The prosecution requested a two-year prison sentence in the appeal trial of Lee Jae-myung, leader of the Democratic Party of Korea, who was indicted on charges of violating the Public Official Election Act. This is the same sentence as in the first trial.

The Criminal Division 6-2 of the Seoul High Court (Presiding Judges Choi Eun-jung, Lee Ye-seul, and Jung Jae-oh) reviewed the prosecution's sentencing request at the sentencing hearing held on the 26th.

The prosecution stated, "If the application of the Public Official Election Act varies depending on the defendant's status, political circumstances, disqualification from candidacy, or affiliated party, the purpose of the Public Official Election Act to realize democracy through public elections will be nullified. Strict punishment is necessary for anyone who distorts voters' choices through lies, regardless of their position."

Lee Jae-myung, leader of the Democratic Party of Korea, is responding to reporters' questions as he attends the 5th trial of the second instance for charges of violating the Public Official Election Act at the Seoul High Court on the 26th. Photo by Yonhap News

Lee was indicted for publicly spreading false information by claiming in a broadcast interview during the December 2021 presidential candidacy that he did not know the late Kim Moon-gi, former Head of Development Division 1 at Seongnam Urban Development Corporation. He is also accused of making false statements about pressure from the Ministry of Land, Infrastructure and Transport regarding the change of use of the Korean Food Research Institute site in Baekhyeon-dong, Seongnam, Gyeonggi Province.

Regarding Lee's claim that he did not know Kim, the prosecution rebutted, "During a business trip to Australia, Yoo Dong-gyu, Kim Moon-gi, and the defendant played golf together for five hours, and two days later, they went fishing together," adding, "One can imagine how special it was to play golf overseas during an official business trip."

The prosecution further stated, "During the Australia trip, only Yoo Dong-gyu, Kim Moon-gi, and the defendant played golf for five hours, which indicates how special it was to play golf overseas during an official business trip," and "They also went fishing together just two days after playing golf."

They added, "The Daejang-dong corruption allegations and overseas golf suspicions were highly unfavorable election issues for the defendant, and the statements made to block these were clearly intended to benefit the defendant for election purposes," and "Lee maintained continuous social interactions with Kim Moon-gi for 12 years."

Regarding the Baekhyeon-dong statements, the prosecution said, "The Democratic Party presidential primary was fiercely contested to the extent it was called the 'Myeong-Nak (Lee Jae-myung-Lee Nak-yeon) showdown,' and with the Daejang-dong and Baekhyeon-dong allegations emerging, the defendant was cornered," adding, "The defendant meticulously prepared to utilize the nationally broadcast live National Assembly audit session."

They continued, "All testimonies from the accused parties, including Seongnam City and Ministry of Land officials identified as the alleged victims of threats, unanimously deny any dereliction of duty or threats," and "The defendant has yet to specify basic facts such as who in Seongnam City or the Ministry of Land threatened him and when."

Lee Jae-myung, leader of the Democratic Party of Korea, is attending the second trial sentencing hearing for charges of violating the Public Official Election Act at the Seoul High Court on the 26th. Photo by Yonhap News

Quoting from Lee's autobiography, the prosecution said Lee once wrote, 'Lies leave indelible wounds on the people and oneself. I call such politicians fraudsters.' They added, "Democracy is based on the rational judgment of the sovereign, and rational judgment requires accurate information. The production and dissemination of fake news are enemies of democracy and representative evils that must be eradicated," noting, "This statement was posted by the defendant himself on Facebook 20 years ago."

After the prosecution's sentencing request, the court will designate a date for the verdict after hearing the defendant's final defense and closing statements.

Previously, on November 15 last year, the first trial court recognized Lee's statements regarding Kim and Baekhyeon-dong as false public statements and sentenced him to one year in prison with a two-year probation, a sentence that results in loss of his parliamentary seat.