Prosecution to Appeal Lee Jae-myung's Acquittal in 2nd Trial, Seeking Supreme Court Review for Legal Correction

"Misinterpretation of Legal Principles Regarding the Crime of False Statement Publication"

The prosecution has decided to appeal the second trial's ruling that acquitted Lee Jae-myung, leader of the Democratic Party of Korea, of charges of violating the Public Official Election Act.

Yonhap News

On the 26th, the Seoul Central District Prosecutors' Office stated, "The appellate court's judgment is so disconnected from the general voters' perception of the defendant's statements and contradicts common experience and common sense, resulting in a misinterpretation of the legal principles regarding the crime of false statement publication under the Public Official Election Act," adding, "We plan to file an appeal so that the Supreme Court can correct the appellate court's illegality."

The prosecution said, "The appellate court blindly accepted only the defendant's claims, which the first trial court had rejected after a lengthy hearing," and "It interpreted the defendant's statements in a way completely different from how general voters would perceive them, without considering that the allegations of playing golf with the late Kim Moon-gi and the circumstances of the land use zone change in Baekhyeon-dong were matters of public interest."

The prosecution holds that Lee appeared on broadcasts four times between December 22 and 29, 2021, claiming that during his tenure as mayor of Seongnam, he was unaware of Kim Moon-gi's existence, did not play golf with Kim during an overseas official trip, and only came to know Kim after being indicted on charges of violating the Public Official Election Act as governor, thereby publishing false information.

The prosecution also included in the indictment the charge that Lee made false statements during the National Assembly Land, Infrastructure and Transport Committee's audit of Gyeonggi Province on October 20, 2021, claiming, "I was threatened with accusations of dereliction of duty based on mandatory provisions of the Innovation City Act by the Ministry of Land, Infrastructure and Transport regarding the Baekhyeon-dong site."

Earlier, the Seoul High Court Criminal Division 6-2 (Presiding Judges Choi Eun-jung, Lee Ye-seul, and Jung Jae-oh) overturned the first trial's ruling, which had sentenced Lee to one year in prison with a two-year probation for the charge of publishing false information under the election law, and acquitted him in the appellate trial.