Kim Kyung-soo Sentenced to 2 Years in Prison on Appeal... Acquitted of Violation of Public Official Election Act (Comprehensive)

Partial Guilty Verdict on Comment Manipulation Charges
Sentenced to Prison but Avoids Detention
Kim Kyung-soo "Will Appeal to the Supreme Court"

Gyeongnam Governor Kim Kyung-soo, who was indicted on charges of manipulating public opinion through comments, is seen answering questions from reporters as he leaves the building after the appellate court sentencing hearing held on the afternoon of the 6th at the Seoul High Court in Seocho-gu, Seoul.
[Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] Kim Kyung-soo, Governor of Gyeongnam Province, who was prosecuted on charges of 'manipulating online comments,' was sentenced to two years in prison in the appellate court.

The Criminal Division 2 of the Seoul High Court (Chief Judge Ham Sang-hoon) on the afternoon of the 6th sentenced Kim to two years in prison for the pre-presidential election comment manipulation charges, while acquitting him of the violation of the Public Official Election Act charges related to offering the position of Consul General in Osaka, Japan, to the Druking group. The first trial court sentenced him to two years in prison for the comment manipulation charges and 10 months in prison with a two-year probation for the Public Official Election Act violation charges.

The appellate court pointed out, "The act of manipulating comments is a serious crime that intentionally creates a specific public opinion, obstructing the formation of sound public opinion online and distorting the overall social public opinion." It added, "Since the ranking manipulation was carried out with the purpose of guiding public opinion in favor of a specific political party or its candidate during the election period, the degree of illegality is severe."

Although the court sentenced him to imprisonment, it did not detain Kim in court. The court explained, "Since some charges were acquitted in the appellate trial and the Public Official Election Act charges were acquitted, we agreed that there is no reason to revoke the defendant's bail." Kim had been granted bail in April last year and had been undergoing trial without detention.

The biggest issue in this case was whether Kim Kyung-soo witnessed the demonstration of the comment manipulation program 'King Crab' when he visited the office of Kim Dong-won, the leader of the Druking group, in Paju on November 9, 2016, ahead of the presidential election. If so, it would logically support the prosecution's claim that he ordered and received reports on comment manipulation from the Druking group.

The court stated, "It is proven beyond doubt that Kim Kyung-soo observed the King Crab demonstration." There exists a briefing document from Kim Dong-won during Kim's visit to the Druking office explaining the necessity of developing King Crab for comment manipulation. The document details King Crab's functions, development status, and final target performance metrics. The testimonies of the Druking group and the access log records confirming King Crab's operation largely coincide, forming the basis for this judgment.

Kim Kyung-soo, governor of Gyeongnam Province, who was indicted on charges of manipulating public opinion through comments, is leaving the building after the appellate court sentencing hearing held on the afternoon of the 6th at the Seoul High Court in Seocho-gu, Seoul. [Image source=Yonhap News]

The court acquitted Kim regarding the counter-operation issue, which emerged as another point of contention in the appellate trial. The counter-operation refers to cases where King Crab, developed to create favorable public opinion for President Moon Jae-in, instead generated critical public opinion against him. The court said, "Although many of the criminal acts include counter-operation parts, this alone does not prove collusion with the Druking group."

Kim was also acquitted of the charge that he promised to appoint a close lawyer of Druking as Consul General in Sendai, Japan, if the comment manipulation continued through the following year's local elections. For the Public Official Election Act violation to be established, the existence of a specific election and a specific candidate must be recognized. In Kim's case, the court found that the existence of a 'specific candidate' could not be assumed. The court stated, "The prosecution's charges do not specify who the specific candidate is, nor is there evidence to recognize such existence."

After the sentencing, Kim said, "This is an unacceptable verdict," adding, "Only half of the truth has been revealed, and I will make sure to reveal the other half of the truth through an appeal to the Supreme Court." Elected officials lose their election if sentenced to imprisonment without suspension in a general criminal case. If the Supreme Court's decision does not change, he will be stripped of his governorship.

This content was produced with the assistance of AI translation services.