Banner Criticizing Preliminary Candidate... First Trial Acquittal Overturned, Fined

Gwangju High Court: "Clear Political Interest... Intended to Cause Defeat"

An advertising agent who put up banners criticizing a specific preliminary candidate ahead of the Democratic Party of Korea's internal primary has been found guilty in the appellate trial. While the first trial resulted in a not-guilty verdict, the appellate court ruled that "there was an intention to influence the election."

The Jeonju Panel of the Gwangju High Court's 1st Criminal Division (presiding judge Yang Jinsu) announced on the 15th that it overturned the first trial's verdict and sentenced Mr. A (41), who was indicted for violating the Public Official Election Act, to a fine of 700,000 won. Mr. B (61), a member of the Democratic Party of Korea who commissioned the banners from Mr. A, was sentenced to a fine of 1.5 million won, the same as in the first trial.

In March last year, Mr. A was brought to trial on charges of putting up banners criticizing Democratic Party preliminary candidate Mr. C and the party leadership at 18 locations, including a traditional market and a terminal in North Jeolla Province. The banners listed Mr. C's criminal record and included phrases criticizing the Democratic Party's central committee for allowing Mr. C to participate in the primary despite his record.

The Public Official Election Act strictly prohibits the unauthorized installation of advertisements that could influence the election from 120 days before the election day.

The first trial court ruled, "It is difficult to see that Mr. A had the intention to influence the election, as he simply put up the banners upon request," and found him not guilty. However, the appellate court disagreed.

The court stated, "The defendant, who has maintained party membership for over four years, appears to have had considerable interest in politics. Considering the circumstances such as deleting call records at the beginning of the investigation and using red color to emphasize the crime name in the design, it is judged that there was an intention to induce a negative perception of the preliminary candidate." The court added, "Taking all these circumstances into account, it is reasonable to conclude that the defendant intended to influence the election with the purpose of causing the preliminary candidate to lose."