Kim Hye-kyung, who was fined 1.5 million won for violating the Public Official Election Act, has appealed the second judgment. Kim is the spouse of Lee Jae-myung, the Democratic Party of Korea presidential candidate.
According to legal sources on the 18th, Kim's side submitted a petition for appeal to the court on the 16th.
Earlier, the 3rd Criminal Division of the Suwon High Court (Judge Kim Jong-ki) dismissed all appeals filed by the defendant and the prosecution during the sentencing hearing on the 12th regarding Kim's case of violating the Public Official Election Act (donation activities), upholding the original ruling.
The first trial imposed a fine of 1.5 million won on Kim.
The appellate court stated, "Considering that this meal meeting was an occasion for the defendant to introduce the spouses of influential politicians within the party to assist their spouse, Lee Jae-myung, along with the fact that it appears the attendees expected the defendant to cover the meal expenses, it is judged that the defendant tolerated or condoned this, recognizing that her aide, Bae, would handle the payment."
It also noted, "Taking into account Bae's status and relationship with the defendant, the main duties Bae performed while working as a public servant in Gyeonggi Province, the frequent use of the Gyeonggi corporate card in the process of handling private matters for the defendant, and Bae's level of involvement in the defendant's election-related meetings, the original judgment recognizing their collusion is justified."
The appellate court ruled, "The original court's sentencing determination cannot be viewed as exceeding the reasonable bounds of its discretion."
Kim's side stated immediately after the ruling that it was an "unsatisfactory ruling" and indicated plans to appeal.
The prosecution, which had sought a fine of 3 million won against Kim, has not yet submitted an appeal regarding the appellate court's ruling.
Kim was indicted without detention on February 14 last year, for allegedly providing meals worth 104,000 won to three spouses of current and former lawmakers of the Democratic Party of Korea, his driver, and an aide, totaling six individuals, using the Gyeonggi corporate card at a restaurant in Seoul on August 2, 2021, during the time when Lee Jae-myung was the Gyeonggi governor.
At that time, the presidential candidate had announced his candidacy for the party's candidate for the 20th presidential election held in 2022.
If a sentence of a fine exceeding 1 million won is confirmed against Kim under the Public Official Election Act, the right to run for office will be stripped for five years, and election campaigning during that period will not be allowed.
However, the possibility that this case's ruling will be finalized before the 21st presidential election scheduled for the 3rd of next month is slim, so it is expected that it will not affect Kim's campaign as a candidate's spouse.