Lee Seok-hyung, 21st National Assembly Election Preliminary Candidate, 'Myeonso' Ruling Due to Election Law Amendment
Appellate Court: "No Need to Determine Guilt Due to Election Law Amendment"
[Asia Economy Honam Reporting Headquarters Reporter Yoon Jamin] Former Hampyeong County Governor Lee Seok-hyung, who is on trial for violating the Public Official Election Act during the Democratic Party primary in the 21st National Assembly election, received a dismissal verdict in the appellate court.
The Criminal Division 1 of the Gwangju High Court (Presiding Judges Lee Seung-cheol, Shin Yong-ho, Kim Jin-hwan) on the 22nd overturned the first trial's sentence of six months imprisonment with one year probation and issued a 'dismissal verdict' in the appellate trial for Lee Seok-hyung, former preliminary candidate for the Gwangsan Gap constituency in Gwangju, who was indicted for violating the Public Official Election Act.
A dismissal verdict means that the criminal proceedings are terminated without determining guilt or innocence due to reasons such as the statute of limitations having expired or changes or abolition of laws after the crime.
Lee and others were indicted for directly calling party members and others using mobile phones and the wired phone at the campaign office from late January to March last year to solicit support.
At that time, the Public Official Election Act prohibited election campaigning via direct phone calls before the official campaign period, leading the first trial court to impose a prison sentence.
However, with the amendment of the Election Act on December 29, election campaigning by phone or verbally became permissible even outside the election period, except during nighttime and on election day.
The appellate court ruled that the amended Election Act should be applied and issued dismissal verdicts for five of the seven appellants, including former candidate Lee.
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Two individuals accused of providing money to volunteers were fined 1 million won and 700,000 won, respectively.
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