Appeal Dismissed for Former and Current Politicians over Election Law Violations ... "No Grounds for Sentencing Change"

Busan High Court Changwon Branch. Photo by Lee Seryung

The appeal filed by former and current politicians from the South Gyeongsang region, who were indicted for violating the Public Official Election Act in connection with the April 10 National Assembly election, has been dismissed.

On November 26, the First Criminal Division of the Busan High Court Changwon Branch (Presiding Judge Min Dalgi, Judges Park Jiyeon and Park Gunhee) dismissed all appeals and upheld the original verdict in the appellate trial for former National Assembly member Kim Jungkwon and South Gyeongsang Provincial Assembly member Park Byungyoung (People Power Party, Gimhae District 6), who were charged with violating the Public Official Election Act.

Former Assemblyman Kim was accused of forming an illegal election campaign organization ahead of the 22nd general election, and of engaging in preliminary electioneering by installing banners and using loudspeakers.

He was also charged with hosting a year-end party at a restaurant in Gimhae in December 2023, where he provided food and beverages worth 2.7 million won to 120 constituents and gave gift certificates worth 300,000 won to five constituents at the same venue.

Assemblyman Park was brought to trial on charges of using a loudspeaker for electioneering at the Gimhae Studies Institute year-end party, which was led by former Assemblyman Kim, who was a preliminary candidate for the Gimhae-gap district in the 22nd general election.

In the first trial, Kim was fined 8 million won and Park was fined 800,000 won.

The appellate court explained its decision to dismiss the appeal, stating, "The fact that the defendants confessed to the crime after the first trial does not constitute a special circumstance warranting a change in sentencing."

Elected public officials lose their positions if they are convicted of violating the election law and receive a sentence of imprisonment or a fine of 1 million won or more.

If a person is convicted of violating the election law and receives a fine of 1 million won or more, their eligibility to run for office is restricted for five years.

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