Not Guilty in First Trial
Suspended Sentence in Second Trial
Finalized by Supreme Court
The former prosecutor indicted by the High-ranking Officials' Crime Investigation Division (PCC) on charges of forging a complainant's accusation was found guilty. This case is the first among those directly prosecuted by the PCC since its establishment in 2021 to receive a final guilty verdict from the Supreme Court.
According to the legal community on the 2nd, the Supreme Court's 3rd Division (Presiding Justice Eom Sang-pil) confirmed on the 13th of last month the lower court's suspended sentence of 6 months imprisonment for Yoon, who was charged with forgery of official documents and private documents.
A suspended sentence means that although guilt is recognized, the sentence is not imposed considering the circumstances; if no other crimes are committed within two years, the sentence loses its effect and is regarded as dismissed.
Yoon, who was working as a prosecutor at the Busan District Prosecutors' Office in December 2015, lost a complainant's accusation and allegedly copied another accusation previously submitted by the same complainant, filed it in the investigation records, and fabricated false content in an investigation report under the name of a prosecution investigator stating that "the complainant submitted an accusation with the same content."
The PCC indicted him without detention in September 2022, but the first trial acquitted him, stating, "The copy of the accusation cannot be considered a forged private document, and at that time, it was customary for prosecutors to prepare investigation reports under the name of investigators."
However, the second trial recognized guilt for forgery of official documents related to the preparation of investigation reports under the name of prosecution investigators and suspended a 6-month prison sentence. The court ruled, "Even if the authority to prepare documents is broadly delegated for efficient work performance, it presupposes lawful preparation," and "It should be regarded as document forgery."
Yoon appealed, but the Supreme Court dismissed the appeal, finding no issues with the second trial's ruling.
Subsequently, the prosecution indicted Yoon on charges of forging by creating a new "cover" for another copy of the accusation and arbitrarily stamping a superior's seal, and in March 2020, a suspended sentence of 6 months imprisonment was confirmed.
However, later, Deputy Chief Prosecutor Im Eun-jung reported to the Anti-Corruption and Civil Rights Commission that "former Prosecutor General Kim Soo-nam and others accepted Yoon's resignation without disciplinary action, thereby covering up the case." The PCC, which resumed investigation, regarded the investigation report under the investigator's name filed behind the accusation cover as a separate case of official document forgery and indicted him.
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