▲ Former Gyeonggi Province Vice Governor for Peace Lee Hwa-young
The prosecution has decided to seek a higher court's ruling only on charges including abuse of power related to North Korea support projects, for which the court dismissed the indictment ex officio during the first trial of former Gyeonggi Province Vice Governor for Peace Lee Hwa-young, which was held as a jury trial.
The prosecution has decided not to appeal the perjury charges related to the alleged "alcohol party in the prosecutor's office" and the charges of violating the Political Funds Act regarding "split donations," citing respect for the jury's verdict.
The Suwon District Prosecutors' Office announced today, June 26, that it has filed an appeal with the Suwon District Court's 11th Criminal Division, which presided over the first trial, regarding the charges of abuse of power, obstruction of official duties by deception, and violation of the Local Finance Act.
In an official statement, the prosecution explained the reason for the appeal, stating, "The first trial court's judgment regarding the abuse of prosecutorial authority due to the separate indictment of accomplices contradicts existing judicial precedents."
The prosecution added, "The court misunderstood the situation, despite there being reasonable grounds for not indicting the defendant simultaneously with his accomplices."
Previously, the first trial court dismissed the indictment, stating that when the prosecution first indicted Shin Myung-seop, the former head of the Gyeonggi Province Peace Cooperation Bureau, as an accomplice in this case, it explicitly named Lee as an accomplice in the indictment. The court ruled this was a "clear abuse of prosecutorial authority that led to a guilty judgment in another person's case without the defendant being able to exercise their right to defense."
It is interpreted that the prosecution decided to seek a legal judgment from a higher court due to concerns that if this first-instance precedent is upheld, it could place a significant brake on the common practice of "separate indictment of accomplices" in future corruption investigations.
On the other hand, the prosecution did not file an appeal regarding the violation of the Act on Testimony and Appraisal before the National Assembly, for which a four-month prison sentence was handed down, or the violation of the Political Funds Act, for which a not-guilty verdict was reached.
The Suwon District Prosecutors' Office explained, "We decided not to appeal, respecting the jury's opinions on guilt, innocence, and sentencing."
Previously, the jury reached a guilty verdict on the perjury charges with a 4-3 vote and a unanimous not-guilty verdict on the charges of violating the Political Funds Act.
Although the prosecution has waived its right to appeal the perjury charges, the case will still be heard in the appellate court as Lee's side preemptively filed an appeal on June 21 against the guilty verdict for perjury, which carried a four-month prison sentence.
Consequently, the upcoming appellate trial is expected to feature a second round of legal battles between the two sides over the legal validity of the prosecution's "split indictment" practice, as well as the truth behind the "alcohol party" allegations.
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