지금왜@whynow

지금 뜨는 이유

Translated from Korean

On October 7, the 7th Criminal Division of the Seoul High Court overturned the first-instance sentence of two years in prison for former President Yoon Suk Yeol and political broker Myung Tae-kyun, both charged with violating the Political Funds Act, and acquitted them. The results of this appellate court decision, which completely reversed the previous first-instance ruling, have drawn significant public attention. The crux of the matter was the court's differing legal interpretation regarding the charge of receiving public opinion polls as 'donations in kind'.

The most decisive difference was whether the free public opinion polls and political advice provided by Myung could be recognized as having 'pecuniary value.' Unlike the first-instance court, the appellate court defined these actions as intangible political consulting or advice rather than financial assets restricted by the Political Funds Act. Their logic is that poll results or political analysis are merely auxiliary tools to aid political judgment and cannot be viewed as specific monetary or material benefits subject to legal punishment.

Furthermore, the court determined that there was insufficient evidence of an agreement or conspiracy between the two to exchange polls free of charge. The court took into account the context in which Myung had shared poll results with various politicians, not just the former president, to demonstrate his influence. This result significantly narrows the scope of judicial regulation by limiting legal punishment criteria to economic benefits.

Representatives for former President Yoon immediately welcomed the decision, stating they would submit this ruling as evidence in First Lady Kim Keon-hee's Supreme Court case. Kim is currently awaiting a ruling from the Supreme Court en banc after having been acquitted in both the first and second instances on the same charges. This verdict remains a significant question posed by the judiciary regarding how far the law should restrict the intangible advice and information provided during political activities.

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