On the 26th, the court acquitted Lee Jae-myung, the leader of the Democratic Party of Korea, in the appeal trial for violations of the Public Official Election Act, prompting the prosecution to announce plans to file an appeal.
That day, approximately 2 hours and 30 minutes after the appeal trial verdict was announced, around 6:04 p.m., the Seoul Central District Prosecutors' Office sent a notice to the press stating, "We will file an appeal to ensure that the Supreme Court, the final court, can rectify the illegality of the appeal trial."
The prosecution said, "The appeal court relied solely on the defendant's claims, which had been dismissed after a lengthy trial by the first trial court." They added, "Considering that the allegations of golfing with the late Kim Moon-ki (former Minister of Seongnam Urban Development Corporation) and the circumstances surrounding the change of land use in Baekhyeon-dong were national issues at the time (before the 2021 presidential election), the court wrongly interpreted the defendant (Lee Jae-myung)'s remarks as entirely different from what an average voter would accept and declared him not guilty."
The prosecution stated, "The appeal court's judgment is based on experiences and common sense that are far too detached from the thoughts of average voters regarding the defendant's remarks, which leads us to believe that it misinterpreted the legal principles regarding the crime of publicizing false facts under the Public Official Election Act."
As a result, the final conclusion of this case will be determined by the Supreme Court. The ruling in the third trial for election law violations is mandated to be made within three months after the appeal is filed. However, considering the deadline for submitting the grounds for appeal and delivery times, there are observations that it may not be easy for the Supreme Court to issue a definitive ruling by June.
Meanwhile, on that day, the Seoul High Court acquitted Lee of the allegations of violating the Public Official Election Act. Previously, the first trial had sentenced Lee to a year in prison with a two-year suspension, a decision that has now been overturned. If the appeal trial's ruling is upheld by the Supreme Court, Lee will not face any obstacles in running in future presidential elections.
Unlike the first trial court, the appeal court found that the statements regarding not having played golf with Mr. Kim during a business trip abroad and claiming to have changed the land use in Baekhyeon-dong due to pressure from the Ministry of Land do not constitute the crime of publicizing false facts.