2013No2 Violation of the Public Official Election Act (Preliminary Crime: Assistance in the Violation of the Public Official Election Act)
1. The Minister of Justice and the Minister of Justice:
2. Dominl (D) and public officials;
3. The consignor △△△△ and the head of the apartment management office;
4. Korea-Japan (O), one’s own business
Manwons (prosecutions, public trials), Escopians, Kim Jong-chul (Public Trial)
One law firm (private ships for all of the defendants)
Attorney Yu Jae-hwan in charge
Law Firm Sejong (private ships for all of the defendants)
Attorney Lee Ji-eng, Park Ho-ho, Lee Ho-ho, Lee Dong-ho, Lee In-bok
Daejeon District Court Decision 201 Gohap164 Decided December 28, 2012
April 26, 2013
Of the judgment of the court below, the guilty part on Defendant Kim Il-young and the part on Defendant Kim Il-young and Han-young
each of the above subparagraphs shall be reversed.
Defendant Kim Bale, YUBU 800 each fine, 000 won each, and 100 won each by Defendant Han-gu, 4,000, 000 won each
A person shall be punished.
Defendant Kim Bright, Dol, and Han ○○ fail to pay each of the above penalties, KRW 50,000,000, respectively.
The above defendants shall be confined in a workhouse for a period converted into one day.
The Prosecutor’s acquittal of Defendant Kim Il-young, Defendant 1’s appeal against the △△△△△△△, and Defendant 1
The appeal of △△ is dismissed, respectively.
The crime of aiding and abetting the violation of the Public Official Election Act due to the establishment of a private organization among the facts charged against Defendant Kim Il-chul
The summary of the judgment of innocence shall be published.
1. Summary of the grounds for appeal;
(a) A prosecutor;
(1) misunderstanding of facts (as to the establishment of a private organization of Defendant Kim Il-young)
Defendant Kim Il-young et al., in collusion in advance, to conduct an election campaign with Defendant Song △△△△.
Establishment of â€˜Eve mobilization' as an organization, and continued to meet even without such prior invitation; and
The participation in all relevant meetings until the establishment of the “Bale of BalB”, which is a private organization for election campaign.
and after its establishment, the meeting of the expanded operators appointing the division operator of "Equitable" shall also be held.
As the actual operator of the “Equitable Love” has been working, Defendant Kim Il-young is the defendant Kim △△△.
In collusion with △△△ and ○○○, it is deemed that the “Equitable” was established as one of the private organizations for election campaign.
In addition, even if Defendant Kim Il-young is considered as a member of “Bale of Loy”, unless the operator is the operator of “Bale,” the following:
The purpose of "Bale Blue as the defendant Kim Il, who had been able to assist with the operational team from the beginning, is good."
As a member of the Council, he/she has been present at all meetings continuously, and has been present at the privateization of "Equitable".
As such, even though the court below fully recognized the responsibility of the accomplice, the court below held that the defendant Kim Jong-Bal.
In collusion with Defendant 1 △△△, Korea-U.S., the private organization for the election campaign, established “S. Love”.
The judgment of the court below that acquitted the facts charged. The judgment of the court below is erroneous as to the facts charged.
There is an error of law that affected the conclusion of the contract.
(2) Unreasonable sentencing (with respect to Defendant Kim Jong-chul, Dog, and Song △△△△)
The lower court’s sentencing (Defendant Kim Il-Hy, Kim Jong-chul, each of the fines of KRW 5 million, and Defendant Song △△△△: Imprisonment with prison labor of KRW 8
Monthly, 2 years of suspended execution) is too unhued and unfair.
B. Defendant Kim Il-chul, Kim Il-young, and Do governor
(1) mistake of facts (a) provision of benefits related to election campaigns)
(A) This part of the facts charged is an examination of the prosecution of the △△△△ among the evidence corresponding thereto.
There is no proof of crime in that the protocol is a statement in an unsound state and has no admissibility of evidence.
(B) Defendant Kim Il-young et al.: (a) the △△△△△△△△ was able to bring the Defendant into the election campaign; and (b) the △△△△
U.S.A. H.D. will serve as secretary for the region of Class V. There is no specific declaration of intention, and members of the National Assembly.
Defendant 1 who was engaged in the election campaign at the time of the election campaign after being elected as a Grade 5 secretary;
The appointment of the election campaign manager shall be active in the election campaign, with knife knife’s knife
not only recommended but also it is determined that there is no great inundation as a secretary by Defendant Dol-si.
The lower court, however, was due to the lack of credibility, at the prosecution of Song △△, DoD, and inquiry without credibility.
Defendant Kim Il-Hy, on the basis of his statement, e-mail, etc. sent by Song △△ to Defendant △△△, etc.
In connection with the election campaign, the appointment of the defendant to the head of the fifth local secretary of the defendant's Gu;
Defendant 1 provided a benefit, and Defendant 1 provided a benefit, and Defendant 1 was guilty of the facts charged.
Therefore, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
(2) Meritorious legal principles (which provides benefits related to election campaign)
(A) "Money, valuables and other benefits, which are the constituent elements of section 230(1)4 of the Public Official Election Act," property
It shall be interpreted that such non-property benefits as ‘the position of the Corporation’ do not include any non-property benefits such as ‘the position of the Corporation’.
Since "the secretary of the fifth class local office for the National Assembly member" is the same as Article 230 (1) 4 and 230 (1) 4 of the Public Official Election Act.
Money, valuables or other benefits as provided in Article 135(3) of the Act shall not be included in ‘money, valuables or other benefits', and in particular, 5 National Assembly members.
Public Official Election Act prohibits a person from being provided money, goods, or other benefits and from being provided with them;
In light of the purpose and general practice, even though it is interpreted that money, valuables, or other benefits are excluded from "money, valuables, or other benefits"
The court found that the case constitutes this and found the defendant guilty of the relevant facts charged. The court below's judgment is erroneous.
misunderstanding of the judgment, which affected the conclusion of the judgment.
(B) Article 20 of the Criminal Act provides that Defendant Kim Il-young employed as a secretary by Defendant Kim Il-young as a secretary.
The illegality falls under “justifiable conduct that does not violate the laws, regulations, or social rules” and constitutes “justifiable conduct”
Even if this Article is dismissed, the lower court guilty of the facts charged on the premise that the illegality is not removed.
The judgment of the court below is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
(3) Unreasonable sentencing
The sentencing of the court below is too unreasonable.
C. Defendant Song △, △△, and Han ○○
(1) misunderstanding of facts and misunderstanding of legal principles (a point of establishing private organizations)
“The Doesse Doesse” shall be held by Defendant Song △△△△ by opening an Internet car page, “Bour”.
equipped with a hostile organization on January 26, 201 or at least two members of a carpet shall have a human organization;
January 27, 2011 was established on February 1, 201, which was appointed as the operator of the Kafbook from January 27, 201;
At that time, Defendant Kim Bright is not a person who wishes to become a candidate, but a candidate.
The degree of "a person who has a sex" was excessive, and the candidate at the time of the establishment of the above Kabae, Kim Jong-chul.
Even if intending to be a member, Defendant 1: (a) did not know of the fact that △△△△, and ○○.
In addition, the defendant Song △△△ for the election campaign of the member of the National Assembly of the defendant Kim Jong-chul, "Sebal" was held.
Love (hereinafter referred to as “voluntary”) shall not open a Kapet and recruit its members, but may exercise its influence in the area of the margin.
있을 것으로 보이는 피고인 김●●과 자신이 평소 따르던 홍▣▣에게 잘 보이려는 생
Each of the ways to establish a Kafa in the intention to show the attitude of Defendant Kim Il-chul
It is merely a mere fact.
Nevertheless, the court below's decision is "A person who wishes to be a candidate", "A person who wishes to be a candidate", and "IbB", the defendant Kim Il.
The establishment of a private organization for the △△△△, and the Korea-U.S. ○○, based on the determination that the organization was established for the movement
The facts charged are found guilty. The court below erred by misapprehending the facts or by misapprehending the Public Official Election Act.
time of establishment of a private organization which is a constituent element of section 87(2) and section 255(1)11 of the same Act;
'Person wishing to become a candidate' and ‘private organization established for election campaign', and in connection with them
(1) In so determining, the lower court did not err by misapprehending the legal principles as to the existence or absence of a “faith” or by misapprehending the legal principles
(2) Unreasonable sentencing
The sentencing of the court below (Defendant 100: Imprisonment with prison labor for 6 months, one year of suspended execution) is too unreasonable.
2. Judgment on the Prosecutor’s misunderstanding of facts
A. The judgment of the court below
The court below, based on the adopted evidence, found the following circumstances, i.e., defendant Kim Il-young
Defendant: (a) there is no direct evidence that △△△△ and ○○○; and (b) Defendant Song △△△△ did not directly have conspired with the Defendant.
In order to help Bright Kim and to be elected as a member of the National Assembly, he/she would not gain any profit to himself/herself.
The officer who requested the Doe-si to prepare an election strategy plan and delivered it to the defendant Kim Il-young
In order to unilaterally carry out an election campaign in light of the room, etc., "Bale Ba" shall be opened and a meeting shall be opened.
The maximum possible use of the connection made by the Defendant △△△△ with “Neve” Round.
On the other hand, after winning the election of Defendant Kim Il-young, he/she intends to harm another person's election campaign.
In order to increase beer and tax, the Defendant was sufficiently able to boost “Sebal Love”;
In addition to the passive participation in the group, Kim Jong-chul, as seen above, written Kafeng or participated in the group.
With respect to the Decree, the Minister of Justice shall give instructions to, or receive reports from, the defendant △△△ or the defendant 1.
△△△△△△△, and Korea-do, freely operate a car page, the meeting is held when desired.
held, and the members participating in the carpet or group meal expenses are collected and borne by the participating members.
In this regard, after the conference was established, "Feve for Brone", from September 201 to September 1, 201, Defendant Kim B, "Ieve" himself.
The actual tax which is used to carry out the election campaign by itself in collusion with the defendant Song △△△△, etc. from the beginning.
In light of the fact that it is insufficient to form the basis for establishing the "ENN", Defendant Kim Il-young
In collusion with Defendant 1 △△△, Korea-U.S., the private organization for the election campaign, established “Boo Love”.
on the ground that there is a lack of recognition as such and there is no other evidence to acknowledge it.
The lower court determined that the charge was not guilty.
B. Judgment of the court below
The burden of proof for the criminal facts prosecuted in a criminal trial shall be borne by the public prosecutor and guilty.
Recognition is true to the extent that there is no reasonable doubt for a judge to do so.
As such, evidence of probative value that leads to conviction should be based on the evidence of such probative value.
If there is no doubt about the defendant's guilt, even if there is no doubt about the defendant's guilt, it shall be judged as
However, Supreme Court Decision 2000Do4946 Decided February 9, 2001 (see Supreme Court Decision 2000Do4946 delivered on February 9, 2001).
Examining the reasoning of the lower judgment in comparison with the foregoing legal doctrine and records, the lower court’s conviction is doubtful.
Recognizing that the facts charged are true, evidence of probative value that leads to convictions in the facts charged is not sufficient.
We affirm the decision of not guilty on this part of the facts charged to the purport that it is adequate, and the decision of the court below
as the prosecutor pointed out, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.
The Prosecutor’s assertion on May 31, 201 as to the provision of actual expenses to Defendant Kim Il-young (including the Prosecutor’s assertion on May 31, 201)
The same applies to the consideration of Defendant Kim Il-young, etc. In addition, he/she participated in a meeting of “Equitable”
Inasmuch as it cannot be evaluated that there is an independent functional control, the participation is a public offering.
We cannot accept the prosecutor's assertion to that effect.
Therefore, the prosecutor's assertion of misunderstanding of facts is without merit.
3. Determination of the misapprehension of the facts against Defendant Kim Il-young, and the Dolsan's assertion of mistake
A. The judgment of the court below
In full view of the following circumstances, the lower court has discretion in making statements at the prosecution of the Song△△△△△△, and:
Defendant Kim Il-young on March 14, 2011, where Defendant Song △△△△ and this is ① and a door, etc.
The promise to employ a senior secretary to Class 5 after being elected, if the Dog, who is in charge of the election planning, is a senior secretary.
of the election campaign in connection with the election campaign, and after the election, the
It is recognized that the facts charged that Defendant Dog-ri was employed as a secretary of Grade V according to the private indication.
The judgment was determined.
(1) Defendant Song △△△△ on March 15, 201: around 23: (a) around 20: (b) around 23, 201, Defendant 1 was a member of the Daba Kim Jong-chul.
D. Pursuant to positive acceptance, the president of the Doz. . . Doz. . . Doz. . . Doz.
If you want to stay there is a minimum amount of compensation? If you can do so, we can do so more? In many cases, we can do so.
However, . . . Doly talks about the position of the 5th Regional Assistants 1 at the time of the election of the Kim Chairman.
N. N. N. L. N. promise to be made in all forms of P. S., ① C. and literary; not yet elected.
. There is a problem to discuss the jobs in the state, but ... there is the same way to discuss the jobs in the country.
D. I would not see the power for the election of grans and grans? I think ? I think well.
In response, I sent a well-known e-mail with the content of “△△△”.
(2) Defendant 1: (a) 2011, the day after the △△△△ received the aforementioned mail from Defendant 1.
3. From the end to the end, I would like to be able to achieve a balance between the two Koreas and the two Koreas in common.
The purpose was to help them.
(3) On March 15, 2011, Defendant Song △△△△, sent to Defendant Kim Il-young, Defendant 1, and Defendant 2
If i.e. is not included in the clause, it is difficult to find out sufficient human resources in the field and thus, it will be placed in serious concerns.
In light of the fact that he was aware that he was aware of, the Defendant Dok △△△△ was 2011.
3. In a case where Defendant 1 refused to work for the sake of the right of joint interest of the Defendant Kim Jong, Defendant Song △△△ or Defendant Kim Jong.
Bright Efforts to seek another person in charge of election planning on behalf of Defendant 1, etc.
Even though it was serious to prepare, such circumstances do not seem to exist.
(4) The defendant, who is an interested party, as evidence that Park Man-kick recommended the employment of the defendant
Bale Bale and Madle Madern, a member of the National Assembly must normally work together with him/her.
It is difficult to easily understand that the recommendations of the secretary shall be followed by the recommendation of the following staff:
(5) On March 14, 2011, around the same day, the possibility of winning the election due to the lack of awareness of the region of defendant Kim Il-young.
It was low, and in the case of the party branch, the party branch is seeking an election planner who has the ability to the extent of the defendant's Matrik-do.
As he was unable to be elected, Defendant Kim Jong-chul promised to be a secretary in the event he was elected.
The motive for Defendant 1 to enter the Do governor was sufficient.
(6) In particular, Defendant Kim Il-young’s assertion on March 14, 201 is the meta of the Defendant Song △△△△△△△.
Although the content is premised on the falsity, the defendant △△△△△ on September 12, 2012 was investigated by the prosecution on September 12, 2012.
At the time of being elected by the prosecutor, the position of class 5 local assistant officers at the time of being elected by the Chairperson of Kim Jong-il
N. N. N. N. L. promise on the page in which P.C. and all doors are made. D. L. L. L. L. and Red.
It does not combine itself for the election of Nar. However, how the words "" came from?
I would like to be asked for one question, immediately, “No. 1 enters the Dobbri Mabri, Mabri, Mabri, Mabri.”
I would like to see ‘I', and therefore I would like to become a secretary of Grade V in the region without any separate concern.
He/she gives a specific answer as "I will give," and he/she complies with only verbal promise.
further, to the extent that the election strategy report at the time is visible, management studies and statistics should be known.
b) the employment commitment is required to be made in detail with respect to the circumstances in which the agreement is made.
(7) Defendant Song △△△ was the Prosecutor’s Office at the time of this Court’s response to the foregoing reasons.
It is too difficult to undergo a long time survey and make a false statement as stated in the remaining note.
Although the prosecutorial investigation at the time of the investigation, the prosecutorial investigation at the time of the investigation followed the question.
It is denied that there is no time to the end of the question as to whether the actual cost for the operation of the JAC is received.
The reason why the court denied the portion of the actual cost in relation to the actual cost is stated in the opinion of the court.
The answer is because it is not a fake, and the defendant Song △△△△'s commitment to the above secretary.
In the absence of "restal", it shall be sufficiently ratified that it has been denied until the end.
(8) (1) A person who was present at the prosecution on the same day as △△△△△, and was investigated by another room.
While denying other matters of the Do, "In the house of the Kim Il-Hye Kim, on March 3, 2011, the △△△△△△△△△△△, Kim Jong-si.
Certain remarks were given to the officer in relation to the fifth degree assistant officer. For the question "at the time"
The lower is the first time when the △△△△△△, the door, etc. talks in the apartment of Kim Ba.
Finally, it has been in order to have teas and sacrifies, not to do so, but to have it.
In the event that the horses of Kim Buri and Song △△, etc. are elected in the future, the assistance to Grade 5 shall be rendered to the Do governor.
I asked to talk that we will take the place. I stated "...."
( 9 ) 피고인 김●●의 변호인은 2011 . 3 . 14 . 모임 당시 홍▣▣가 자리에 없었음에도
피고인 송△△이 홍▣▣가 있었던 것처럼 메일을 작성하였던 사실이 피고인 김●●의
비서관직 제공 약속도 허위로 썼다는 증거가 된다고 주장하나 , 홍▣▣가 과연 그 자리
에 없었는지도 의문이고 , 설령 피고인 송△△이 홍▣▣가 그 자리에 있었다고 쓴 부분
Even if such falsity is made, the part on the commitment to the secretary of the defendant Kim Jong-Brea on such circumstance alone
It is difficult to see that it is the basis for false preparation.
B. Judgment of the court below
If we examine the following additional judgments as well as the grounds of the above judgment of the court below, the judgment of the court below is delivered.
No error is found as alleged in the grounds of appeal. Accordingly, the Defendants’ assertion on this part is without merit.
(1) According to the evidence duly adopted and investigated by the lower court, Defendant Song △△△△△, Defendant Kim Il-young
Defendant Kim on the day following the day he expressed his intention to assume a position as a secretary of the fifth regional secretary;
After delivery of the intention of BBS as such, I met with the Defendant Kim Il-young with the “BSN”.
I will talk about all the work of the control and wait for the decision-making of Do governor. By March 17.
I agreed to answer between the father and the father. If the Dog-dong participates, the organization management and major events are held (for example).
The e-mail containing the purport of ".." may be assigned to the proceeding, schedule management and election planning.
The fact of sending is recognized.
As such, Defendant Song △△△△△ on the position of the Grade 5 regional secretary from Defendant Kim Il-young
The next day after the day after the promise was heard, and contact with the defendant Kim Jong-chul, and again, the defendant Kim Il-young
As above, the fact that he sent an e-mail in the form of reporting the work with Defendant Dol,
In light of the above, Defendant Kim Il-young will assign the position of the fifth regional secretary to Defendant Song △△△△△.
When indicating the intention, the intention shall be delivered to the Defendant △△△ through the Defendant △△△△△.
Do or to the minimum extent this was allowed, and accordingly, Defendant Song △△△.
△△△ delivered the intention of Defendant Kim Jong-Bale Kim, and the result is Kim Il-Bale
It is reasonable to see that an e-mail reported to him is sent.
(2) In the actual employment of Defendant Kim Il-chul, the active trend of Park Man-Brea’s Madle’s Madern
Even if there was an impact on the Defendant Kim Il-young, thereby, the Defendant Kim Il-young was at Grade 5.
In order to employ a secretary, and as a performance of the promise, Defendant 1 was actually employed.
There is no substantial difference in the nature of the provision of benefits.
Therefore, the argument that Defendant Kim Il-young and Heung-ri's mistake in this part is without merit.
4. Judgment on the misapprehension of legal principles as to Defendant Kim Il-chul, Man's assertion
A. Non-property interest in "money, valuables and other benefits" under Article 230 (1) 4 of the Public Official Election Act
Whether it is included
The defense counsel of the Defendants is the object to be provided under each subparagraph of Article 230(1) of the Public Official Election Act;
Property, such as goods, vehicles and horses, entertainment, other property benefits or a public or private position (No. 1), 'money, goods, etc.'
Benefits (No. 2), 'money, goods, food, and other financial benefits' (No. 3), 'money, goods, and other financial benefits' (No. 4);
“Money and valuables and other benefits” (No. 5), “interest and position” (No. 6) and this provision system
In light of the Public Official Election Act, the Public Official Election Act is divided into ‘profit' and ‘public office (public corporation)', and No. 4
The interest set forth in this section asserts that the office does not include (a) the position of the Corporation.
Article 135(3) of the former Act on the Election of Public Officials and the Prevention of Election Malpractice shall be amended by Act No. 5149 on February 6, 1996.
(Enforcement from the date of its promulgation) and before, in return for an election campaign, “providing money, valuables, or other property benefits”
The prohibition of giving money, valuables or other benefits has changed to the prohibition of offering money, valuables or other benefits.
section 257, paragraph 1, which prohibits a contribution act under the penal provisions for such violation;
As amended by Act No. 5262 of January 13, 1997 ( effective from the date of promulgation), purchase and inducement for understanding
The Public Official Election Act is amended by Act No. 230. The history of such amendment has reached the current Public Official Election Act without changing it.
In light of the Public Official Election Act, the term "profit" in Article 230 (1) 4 of the Public Official Election Act means not only property profit but also property profit.
In addition, the position of the public corporation (the honorary office without remuneration may not be included herein)
C) It is reasonable to interpret that it includes B.
Furthermore, Article 230(1)1, 4, and 5 of the Public Official Election Act provides people as the other party.
Due to the fact that there is a public corporation's position in addition to money and valuables, etc., or any other profit including it (No. 4 and 5)
set forth as the object of the provision, and subparagraphs 2 and 3 of the same paragraph shall provide organizations, meetings, and events.
because it is the other party, only the property interest is provided as the object to be provided.
subsection 6, such as persons and groups, meetings, and events, as provided in subparagraphs 1 to 5;
The provision of subparagraphs 1 through 5 is generally defined as the subject of provision.
'B' in the position of 'B' which is located in the subject matter and 'interest' in both 'B' and 'interest' in subparagraph 6
It shall be interpreted that the use of the conflicting concept was done in one example rather than in one way.
A natural is natural.
Therefore, "money, valuables and other benefits" under Article 230 (1) 4 of the Public Official Election Act is a type of gold.
public offering as a candidate for all profits, including property interests, as well as goods; and
(1) The Constitutional Court Decision 2001Hun-Ga45 delivered on April 25, 2002 (2001Hun-Ga delivered on April 25, 2002)
26 see Decision 26)
Defendant Kim Il-Hy, and Cheong-si’s argument is without merit.
B. Whether it constitutes a justifiable act under Article 20 of the Criminal Act
The defense counsel of the Defendants shall have its own nature to employ his assistant to the members of the National Assembly.
the election campaign worker, etc. who participated in an election campaign within the scope of "business";
The employment of a member of the National Assembly as an assistant to the National Assembly is allowed by the Act and subordinate statutes, and Defendant Kim Il-Hy.
This election campaign shall be appointed as a secretary of class V to the defendant Dog, who has attempted to carry out his election campaign, and shall show the parliamentary activities.
It does not go against the social rules, and thus, the defendant Kim Il-young is the defendant Kim Il-young.
employment as secretary for a National Assembly member is alleged to constitute a justifiable act under Article 20 of the Criminal Act.
The law is prescribed pursuant to the purport of the law without promising to provide a direct offer under mutual trade terms and conditions;
In the event that an election campaign is conducted only with consideration or in the form of volunteer service, the winner of the National Assembly member shall be elected;
Any personnel authority granted by the law by evaluating the ability as a secretary, other than a secretary for the movement;
In the case of resignation, benefits that are not contrary to the Public Official Election Act are provided, and the Public Official Election Act is provided.
Defendant Kim Kim that the purport of regulating the exercise of such personnel rights by the winner of the National Assembly is not to regulate.
The actual contents of the tax shall be as claimed by the Do governor.
However, in this case, in order for Defendant Kim Bright to enter the election campaign, Defendant Kim Jong-chul to enter the Doll.
In return for the promise of the provision of benefits, the defendant Kim Il-young accepted it and accepted it and made the success of the defendant Kim Il-young
and appointed as secretary in connection with this act, such act is clean, fraudulent and illegal.
The Public Official Election Act, which intends to remove the possession of corruption smoothly and guarantee the fairness of election, is to be held.
The election campaign in relation to the election campaign is illegal as it violates the purpose.
election campaign agency if benefits exceed the scope of the benefits permitted by the Public Official Election Act are provided to the public.
Mobilizations shall carry out an election campaign for the purpose of benefit, and therefore, the excessive election campaign shall be carried out.
Finally, it will be difficult to conduct a fair election.
Therefore, there is no reason to assert this part of Defendant Kim Il-Hy, Kim Il-young.
5. Determination of the misapprehension of facts and misapprehension of legal principles by Defendant Song △△ and Han ○○
A. The judgment of the court below
The court below established the defendant Kim Bright's career and the background of election of the National Assembly member, and "Bright Love group" group.
In full view of the details and details of the activities, the contents of “Bale Round” and the following circumstances, Defendant
In order to promote the election campaign of the defendant Kim Il-young, who is the person who intends to be the candidate of the Song △△, the Han ○○ is the candidate.
It was found that the facts charged was established as "Ie Bright Love, a private organization," and that it was recognized.
(1) First, on the time of the establishment of "Bale Brone", the Health Manager, and the Defendant Song △△△△△ Ba, “En Doe” Car.
The time of opening the page on January 26, 201, but at that time, only online car page has been created at that time.
Defendant 1 △△△△, on the other hand, cannot be said to have been constituted by any group or organization, provided that Defendant 1 △△△△△△ was “ voluntary.”
It is the beginning stage of the creation.
Therefore, when this is actually established, ‘Equitable’ is a certain rule that participates in ‘Equitable.’
The members of the mother shall be recruited, and a regular meeting in which the members are gathered shall be the president and the regulations of the Federation shall be established on July 7, 201.
It is or at least that the first regular meeting is held on May 17, 201.
(2) At the time of this establishment, Defendant Kim Il-young is a candidate provided for in the Public Official Election Act.
As seen in the relevant journalist interview, Defendant Kim Doz.
The actual contents of the tax have been thought from September 2010 to the members of the National Assembly, and as the chairperson of the party members council.
on January 6, 201, 201, which was lowered, the intention to participate in the 19th election of National Assembly members was more reliable.
Therefore, it is clear that a person who intends to become a candidate was a "person who intends to become a candidate".
(3) Defendant Song △△△△ prior to making a “Eve Kau” Kau, the National Assembly of Korea has already been held by Defendant Kim Jong-chul.
“A member of the National Assembly who was aware that it is expected to go to the Board,” and “A member of the National Assembly is to make Brone a Kaf,” and “a member of the National Assembly.
1. '4. 11. Total election-related', and Defendant Han-do.
around January 6, 2011, the member of the National Assembly had already been elected from the time when the defendant Kim Jong-chul became the chairperson of the party members council.
It was clearly known that the election is expected to leave.
(4) Defendant Song △△△△, who opened the “Eve Kafa” Kafa, has attempted to carry out an election campaign of Defendant Kim Jong-chul.
As a result, if Defendant Kim Jong-chul is elected, he will take office in the head of the social welfare facility, etc.
The certificate of social workers, after establishing the car page with a vague expectation that there is a good answer;
Until now, I would like to establish a strategy for the interest of the defendant Kim Ba, as seen earlier.
Efforts have been made to join △△, and activities as an online severe weather alert of party members council, etc.
The defendant Han-○ also actively participated in an election campaign for the purpose of Kim Il-young Kim Il, and the defendant Kim Il-young.
The actual contents are as the elementary school of the defendant Kim Il-Hy, who was simply the election of the member of the National Assembly, as follows:
As seen earlier, he actively participated in the election campaign for the sake of Kim Il-chul.
(5) The “voluntary” refers to Defendant 1, △△△△, ○○, etc., and Defendant Kim Il-young or another meeting.
Members who have become well aware of the members and join the car page of each person who has not been well aware of the members;
Methods of requesting other persons to publicize more and actively to encourage them to do so.
As such, Defendant Kim Il-young et al. were formed, and people who are good or respect Defendant Kim Il-young voluntarily gather them.
It is not taken into account.
(6) “Equitable Potable,” as seen earlier, is an increase in members, Defendant’s publicity and regular meeting.
The main activity was to hold, etc., and the publicity of defendant Kim Il-young whenever a regular meeting is held.
The members, including the members, of the mentor and mentor, who post a Round card and wanted to be the end of the personnel affairs of the defendant Kim Il-chul, Kim Jong-chul,
In the provision of free gifts, etc. to secure it, the owner of the right to benefit from the defendant Kim Il-young passed a resolution.
(7) The election period of Defendant Kim Il-chul was multi-party, Defendant Song △△△, and Korea ○ continued to be a member.
The public relations of Defendant Kim Il-chul et al. to give a letter to the Doer and the Doer in the election.
c) encourage the election campaign by sending e-mail, and, in particular, Defendant Song △△△ Group
The Chairperson knew that it was illegal to carry out an election campaign, 'the other person' on April 6, 2012, 'the other person', as the Chairperson knew that it was illegal.
No. 1, No. 223 of investigation records, etc. have been urged to engage in election campaigns by stealing up to the clinic.
(8) Furthermore, consisting of “Neve” consumption, and promoting the fact that it comes from “Neve”.
Mag Card, volunteer service activities, natural protection activities, etc. were conducted by the mountain conference, and Defendant Kim Il-young was the same.
He/she was able to conduct his/her public relations activities by taking advantage of the conference, etc.
B. Judgment of the court below
(1) As to the time of establishment of the “Equitable”
The defense counsel of the Defendants is not prescribed by the bylaws and is not specified in detail about officers, finance, etc.
Since the establishment of a private organization may be recognized even if there is no set of time, the time of establishment of a private organization is the Internet.
On the website (duam) followed, 'Eve' is opened on January 26, 201. It shall be viewed around January 26, 201.
pointing out that it should be.
Article 87 (2) of the Public Official Election Act maintains equity in election campaign organizations among candidates, and all kinds of such organizations
The provisions for the prevention of excessive competition and waste caused by the establishment of an election campaign organization in the form;
Private organizations which prohibit establishment or establishment under the above section shall be a candidate or candidate in an election.
legal election campaigns, regardless of their titles or professed purposes, for any person wishing to become such person;
Since it means any private organization established or established other than the organization, there is no rule of association
Even if there is no specific provision as to office, officer, finance, etc., such provision shall apply.
Private organization (see Supreme Court Decision 2007Do7902 delivered on March 13, 2008).
According to the above legal principles, the existence of the rules of association, etc. is not a symbol of the essential concept of recognition of private organizations.
However, in the case of a private organization with the rules of association, the establishment point of the private organization must be the same.
It should not be seen as prior to the enactment of the rules of association, and the time of establishment of private organizations.
In determining whether an organization is an entity for election campaign, the point at which the organization becomes an entity for election campaign.
The time of establishment, and if there are rules, etc. in the private organization, the time of establishment.
the time of enactment of such rules, the motive and progress of establishment of private organizations, the number of participants, and election campaigns.
time when the objective of the private organization is specifically revealed, within the decision-making body of the private organization;
shall be determined by comprehensively taking into account the time of the appointment of the representative, and the court below
On July 7, 2011 or at least a single regular group was established on May 17, 201, when the ordinary group was held.
This is justifiable in light of such overall circumstances.
(2) whether it is a person who wishes to become a candidate and a private organization established for election campaign; and
With respect to the existence or absence of an " intentional act"
Examining the reasoning of the lower judgment in comparison with relevant legal principles and records, the lower court’s judgment in this part
The actual recognition and determination are proper, and the judgment of the court below is pointed out by the defendant Song △△△ and Han ○.
No error is found to have affected the conclusion of the judgment by misunderstanding of legal principles.
(3) Accordingly, Defendant 1’s assertion of misunderstanding of facts or misapprehension of legal principles concerning this part of △△△△△, Korea’s allegation is with merit.
6. Determination on the assertion of unreasonable sentencing
A. Defendant Kim Jong-chul, Doz.
Corrupt Practices and Inducement by Interest provided for in Article 230(1) of the Public Official Election Act as a whole
The legal interest protected by the law is to prevent the election from being committed and to hold fair elections.
In principle, it cannot be denied that there is a need for strict punishment.
However, the purpose of legislation of Article 230 (1) 4 of the Public Official Election Act is to permit election campaigners to do so.
provided with more than one benefit, the members of the election campaign shall engage in the election campaign for the purpose of their benefit.
(v) prevent an excessive election campaign from being carried out and ultimately making it difficult to carry out a fair election.
(see Supreme Court Decision 2004Do7511 delivered on January 27, 2005). The following are shown in this case:
In other words, Defendant Kim Il-young offered the position of the △△△△△ to Defendant Kim Il-young.
in the process of responding to the defect in the affirmative demand; and
Defendant 1 appears to have expressed his opinion, and Defendant 1’s △△△△△△△△△△△△△, Defendant 1 appears to have expressed his opinion.
On February 24, 2011, prior to indicating the intention to provide a secretary position, Defendant 1 already requested by the △△△△△△△.
Defendant Kim Il-young et al. prepared a "election strategy report" for Defendant Kim Il-young and Defendant 1 via Defendant Song △△△△△.
By delivering it to the Kim Il-chul, he had an intention to work for the sake of defendant Kim Il-Hy, etc.
3. The above election strategy report prepared and provided by the Defendant Dol-si is the policy and pledge.
4) Proposal for a normal election campaign, such as presenting development and analyzing regional market values;
It does not include any content of the liability for illegal election campaign, showing each other and the content of the liability for illegal election campaign.
In full view of the duties performed, Defendant Dol-si is necessary for the election planning and regional sentiments.
the election of the so-called â€˜election' that only is the person who is capable of developing one policy and carries a organized number of tickets is changed.
Unlike the fact that the election is excessive or mixed due to the involvement of Defendant Dol, Defendant 1’s election.
The phenomenon that the member became a member of the National Assembly is not specifically confirmed), and after the defendant Kim Bright was elected as a member of the National Assembly.
The commitment that the post of Grade 5 secretary who had been employed by Defendant Dol was to be provided.
Defendant Dogh is not only an aspect as the implementation of such a position, but also such position.
The recommendation, etc. of the truth seems to have been considered, and the election is held at the election campaign at the time.
Most of the registered persons as assistants to the Council room have been employed as assistants to the Council room, and Defendant Doldo et al.
The election campaign worker recorded in the election campaign worker), and the defendant Kim Jong-chul shall be the secretary of the National Assembly to the defendant Kim Jong-chul.
time when the National Assembly member expresses his intention to use it shall not be less than one year prior to the election day of the National Assembly member.
Comprehensively considering the fact that the election of meeting members is not likely to have a significant negative impact;
In this case, the crime of this case is typically against the legislative intent of the Public Official Election Act.
There is little degree of difficulty in evaluating the act of inducing personal purchase and understanding.
In addition, the crime of this case was committed in the manner that there was a promise to give the position of secretary in advance.
legal nature is recognized, but the winner of a National Assembly member prepares a policy for his election at the election in question;
A person who conducts an election campaign, such as development of medicine and public relations, shall be appointed as an assistant to assist his/her parliamentary activities.
Since it appears to exist in a number of cases, the possibility of criticism arising therefrom; or
Aggravated penalty is assessed as relatively weak compared to the case of providing another public office.
In addition, there is no other punishment on Defendant Kim Il-chul, and for the first time in the election for public office.
The participation of the defendant was limited to the previous convictions of a different kind of fine, and the previous convictions of the same kind.
The fact that there is no criminal record of the suspension of execution or higher, the age, character and conduct, family relationship, etc. of the defendant Kim Il-young
When considering all of the sentencing conditions shown in the argument of this case, the sentencing of the court below is inappropriate.
is recognized as having been.
Therefore, the prosecutor's appeal on the grounds of unfair sentencing is with merit, and the prosecutor's sentencing division is with merit.
The grounds for appeal are without merit.
B. Defendant Song △△, Han-O
The crime of this case was established for the election campaign for the sake of Kim Il-Hy, a private organization.
In order to realize an election for the purpose of clean and security of money, illegal and corrupting in an election.
of the people, and guaranteeing the fairness of free and democratic expression of opinion and election of the people;
The purpose of the Public Official Election Act, which is enacted for the purpose of this Act, is inconsistent with the purpose of the Act.
Defendant 1: (a) provided free gifts to increase its members in the case of the △△△△△△;
Does the intention to utilize persons and experience organized through the private organization of this case for other elections.
the establishment of the private organization in this case, the most leading role is in the establishment of the private organization in this case.
upon the commencement of the investigation, a copy of a text message sent to another person that seeks to answer the speech;
The nature of the crime and the circumstances after the crime, such as attempted to conceal the actual relationship, are bad.
n. The activity of "love" does not have a significant impact on the success of Defendant Kim Bright.
It appears that there is no same criminal power, and a fine of KRW 3 million is imposed for a violation of the Illegal Check Control Act around 1998.
The imposition date is only one time, and it is against the duty, and otherwise, Defendant 1’s △△△△△.
Comprehensively taking account of all the factors such as age, character and conduct, environment, motive and means of crime, and consequence, the lower court’s judgment
It is not likely that the sentencing is too heavy or uneasible.
In the case of Defendant Han-○, the Defendant is an internal sub-committee of “Feve” and “Feve” of “Feve”.
The enactment of the rules, etc. of the same private placement mountain conference shall not participate in the enactment of the rules, etc., leading the organization of love.
It seems that the role is not one, and it appears that the inside group of â€˜Buriee' is the class of Dong private placement.
'Unincorporated' was created by the proposal of ○○○, but the defendant Han-○ operated the source of use.
as a person who has been serving in the region since 20 years ago, and therefore, he/she has served in the region.
the extension is made at the level of extension, and after the warning is received from the party election management commission, it shall be given to him.
It continued to engage in the same volunteer activity with four to five persons without disclosing that he/she is a member of the private placement volunteer group.
In light of the above, the nature of Defendant Han-○’s volunteer service activities is for the election of joint interest and interest of Defendant Kim Jong-soo.
In addition, it also has the nature of extending service activities that he had been employed from the past.
Defendant Korea-U.S.A. activities of Defendant Korea-U.S., except for activities in the above “Dong privately Placed Volunteers.”
The act of encouraging the members to carry out an election campaign for the purpose of Kim Hybal of defendant Kim by drawing up writing on the net bulletin board.
A. The main fact was that the defendant Han-○ had no previous conviction, and other defendant
Taking into account the following factors: ○○’s age, character and conduct, environment, motive for, and consequence of, the commission of the offence:
It is recognized that the sentencing of the court below is too large and unfair.
Therefore, Defendant 1’s argument on the appeal of unreasonable sentencing is with merit, and Defendant 1 △△△△ and the Prosecutor.
The argument on the appeal of unfair sentencing against Defendant 1 on △△△△ is without merit.
Thus, the prosecutor's acquittal portion on the defendant Kim Il-chul, and the appeal against the defendant Song △△△△△
Defendant 1’s appeal by the △△△△ for lack of grounds and dismissal thereof pursuant to Article 364(4) of the Criminal Procedure Act.
c) Article 364(6) of the Criminal Procedure Act is reasonable as the appeal by Defendant Kim Il-chul, Kim Jong-chul, and Han-○ is justified.
Pursuant to the judgment below, the guilty part of the judgment of the court below against Defendant Kim Jong-chul, Defendant 1, and Han-○
Each part shall be reversed, and the following judgment shall be rendered after pleading:
(1) The judgment of the court below is delivered to the defendant Kim Il-young, Kim Il-chul, Kim Il-young, and Han-chul
Criminal facts and summary of evidence
It is as shown in the judgment of the court below.
Application of Statutes
1. Relevant Article of the Criminal Act and the selection of punishment for the crime;
A. Defendant Kim Il-chul: Article 230(1)4 of the Public Official Election Act and Article 135(3) of the same Act.
(1) The parties to the contract shall be entitled to a fine
나 . 피고인 허ㅁㅁ : 공직선거법 제230조 제1항 제6호 , 제4호 , 제135조 제3항 ( 선거
Benefits received in relation to sports activities, selection of fines)
C. Defendant 1-○: Article 255(1)1 and Article 87(2) of the Public Official Election Act, Article 30 of the Criminal Act
(1) The establishment of private organizations and the selection of fines)
1. Detention in a workhouse;
Defendant Kim Il-Hy, Cheong-chul, and Han-gu: Articles 70 and 69(2) of the Criminal Act
Reasons for sentencing
1. Defendant Kim Il-chul, Dol, Kim Il-young
(a) The scope of punishment by law: Not more than 10 million won;
(b) Sentencing criteria;
[Determination of Type] Group of Election Crimes, Purchase and Guidance for Understanding, and Type 2 (General Purchase)
[Special Mitigation] If the other party complies with the other party's affirmative demand, 6]
[Scope of Recommendation] Fines 1 million won to 5 million won
(c) Determination of sentence7);
The above 6. A. As seen in the judgment on the assertion of unfair sentencing in the above 6. A. As to the assertion of unfair sentencing.
2. Defendant 1-2
(a) The scope of punishment by law: Fines not exceeding 6 million won;
(b) Sentencing criteria;
[Determination of Type] Election Offense, Violation of Election Campaign Period and Illegal Election Campaign, and Violation of Election Campaign Method (No. 1)
[Special Person] A planned and organized crime
[Scope of Recommendation] Fine of 1 million won to 4 million won (only in consideration of the standards for fines)
(c) Determination of sentence;
As seen above 6. Na. The argument on the appeal of unfair sentencing is examined as examined in the judgment on the appeal of unfair sentencing.
Judgment on the ancillary charges
(a) Alteration of indictment;
In the first instance, the prosecutor establishes a private organization, such as the statement of the facts charged in the preliminary charge.
Article 255(1)11 of the Public Official Election Act and Article 87(2) of the Public Official Election Act;
§ 230(1)4, Article 135(3) of the Criminal Act, Article 32, Article 37, and Article 38 of the Criminal Act shall be amended as preliminary.
A request for change of indictment was made, and the trial allowed it.
B. Preliminary facts charged
Defendant Song △△△, Defendant 1, Defendant 1, Defendant 1, 1, 1, 1, 1, 1, 1, 2, 1, 1, 1, 1, 1, 1, 1,
This is the operator of Ebrine of Ebrine, Kim Jong-ok, and Kang Byung-gu, the Internet portal site, and the operator of "Ebrue of Eburie".
Defendant Kim Il-young begins with a public service life after passing an administrative notice on May 5, 1980, and begins with a public service life in 194.
Busan Gun, 11. 2007 Social Policy Secretary for the Presidential Secretariat, Cheongnam Do Vice-Governor on March 3, 2008, 2009. < Amended by Presidential Decree No. 21358, Mar. 3, 2008>
9. A person who has served as the head, etc. of a social integration support committee belonging to the President, and has served as a public official for over thirty years;
On September 13, 2010, when he/she is appointed as the chief specialist of the Policy Committee at the time of Hanna (the present Bonae Party).
After completing the public service life, the party activities were commenced.
Defendant Kim Il-chul was working as the chief specialist of Han-ri Party, and on January 6, 201, Han Han-ri, around January 6, 201
The chairperson of the Council for members of the Si-Gun party is appointed as the chairperson of the Council for Members of the Si-Gun party, and the members of the Council for Members of the Council
The 19th election district in the election of the National Assembly member of the 19th National Assembly that was performed as the head of the Gu on April 11, 2012.
A person who was elected as a candidate with the recommendation of the Snuriuriurie Party is a special member of the above "voluntary".
1. Joint criminal conduct by Defendant Song △△△, Defendant Han-○, etc., and aiding and abetting Defendant Kim Il-young
For an election campaign of a candidate or a person intending to become a candidate in an election, the person shall do so.
Private organizations or other organizations, regardless of their titles or professed purposes, may be established or established.
Defendant Kim Il-chul was an election candidate for the 19th National Assembly member through an interview from around September 2010 to the press.
I shall be appointed as the Chairperson of the Council of Party Members of Hanjin-gun, Hanjin-si, Seoul, on January 6, 2011, and shall be appointed as the Chairperson of the Council of Party Members.
A person who intends to become a candidate for the election of the National Assembly member, such as getting off or active, etc.
Defendant was born, but was born at a high school in 1973 when he was enrolled in a high school.
Since he had been living in other areas for about 30 years and has been living in other areas for about 30 years, the guidance in the truth was low and the guidance was low;
I think that it will be a candidate for a National Assembly member, and have been on the agenda as the chairman of the Council of the party members of Han Jin-gun.
In order to find ways to overcome low level of human guidance, especially in relation to farmers, in order to find out ways to overcome low level of human guidance.
은 전 당진농업기술센터 소장 홍▣▣에게 국회의원 선거를 도와줄 것을 부탁해오고 있
From that point of view, Defendant Kim Jong-si is "Seman Won-dong, Jinjin-si, Seoul, on January 25, 201."
당에서 , 위 홍▣▣로부터 피고인 송△△ , 허□□ , 문 등을 소개받았다 . 이 자리에서
피고인 송△△ 등은 홍▣▣로부터 피고인 김●●에 대해 충청남도 행정부지사 등을 역
was introduced as the Chairperson of the Council for Party Members of Hanjin-gun at the time, and was converted into a region.
I tried to refer to the purport that it should be able to help.
Defendant 1 △△△△ on January 26, 201, the following day, and the apartment management office located in the Dog-dong of the Sinjin-si.
The actual substance of the Internet portal site using the computer at the new office is â€˜Equive' after â€˜The Internet portal site'.
It was opened a page, and "Stry Kim Bale," "A member of the National Assembly," "I entered the truth, etc." in the car page.
Defendant Kim Il-young join the above Kafe on February 7, 2011, and Defendant Song △△△△ around that time.
The Minister of Justice appointed a special member of the Republic of Korea as a special member until he/she subscribed to the above Kabus Kim Il-chul.
A member of the PP shall be a member recommended by the △△△△△△△ in order to become a member of the PPP, 2010.
군수 선거에서 무소속 최▷▷ 후보의 선거사무원으로 선거운동을 한 경험이 있고 , 후
I. “Equitable Doe’ as a general secretary,” and Defendant 1, ○○ and Gabling, who is an elementary school of Kim Jong-si.
ㅁ 및 위 문 , 홍▣▣ , 피고인 김●●의 이종사촌인 박▽▽ 뿐이었다 . 피고인 송△
△△△ on January 28, 201, appointed the foregoing sentence as a car page operator, and on February 15, 2011, Defendant 1-○ on February 15, 201
On April 2011, 201, including the appointment of Defendant 1 ○ as the operator of the above car page with the consent of the Corporation.
경까지 이DD , 홍▣▣ 등을 위 카페 운영자로 각각 임명하였다 .
Defendants are located on February 27, 201 in the direction of Song-do-Eup on February 27, 201 with the Defendant Han-gu’s main line of Han-gu.
The Defendant: (a) was a group of members of the “Equitable Love” operation along with the Dog, Dog, Dog, etc. at the original restaurant; and (b) the Defendant:
BUB, Defendant 1, △△△△△△, 1, 1, etc., on March 14, 2012, 102 Dong Dong-dong, Seoul, on March 14, 2012
From the house of Defendant Kim Il-chul, he was gathered from the house of the Republic of Korea to operate a non-preferred organization for the sake of Kim Il-young.
Before the election of Defendant Kim Il-young, such as discussions about the entry problems of the Dog-si with high election planning experience;
The outline was discussed.
피고인들은 이①① , 문目 , 박ㅁㅁ , 홍▣▣를 비롯한 위 카페 회원 및 그날 처음 참
On May 17, 201, 201, with 71 members, such as a member of the Rodra, and a 's lot in the Eup/Myeon/Dong of Sinjin-si on May 17, 201.
The first regular meeting was held in 197. The defendant Song △△△ was issued with the flag card to the Do governor.
On the other hand, the term "Yu can doctrine" in the regular group of Yu can doctrine, the country and the region are raised.
I love Kim Bale, who has a strong will and ability to make blue into reality. "I"
The first meeting to introduce and publicize Kim Hyba (hereinafter referred to as "the first meeting") to participants, such as preparing and posting cards, etc.
A regular meeting was organized.
Defendant Kim Jong-si, after the first regular meeting, was held on May 31, 201, the vice versa.
The second apartment management office found in the office of the △△△△△△△, and the above △△△△△△△.
Love, the amount of money was provided as actual expenses necessary for the operation of the Kapet.
Defendants, together with operators of Love Kafa, shall be entitled to take the tax into account on June 8, 201, as follows: (a) the Defendants, on June 8, 201.
있는 ' 청양골 옻닭 ' 식당에서 모임을 가졌고 , 피고인 송△△은 2011 . 6 . 15 . ' ●● 사랑 '
A notice posted a guide to hold the second regular meeting on the car page and announced it publicly.
Defendant Song △△△△, on July 3, 201, shall publish the Regulations on the Kafe Kafe (No. 1) on the Kafe Kafe bulletin board, and the respondent.
High persons shall be members, including this ①, paragraph (1) and paragraph (1) and members of Rolo who first attended on the date.
In addition, 87 persons, and two times at the cafeteria, in which the happiness in the Sinjin-si, Sinjin-si, is acquired on July 7, 2011.
vi) holding regular meetings (hereinafter referred to as "second regular meetings") to determine the above rules of association;
J. From July 8, 2011, the above rule was implemented. The gathering’s name is a gathering to love Kim Bright.
(hereinafter referred to as â€˜Equitable,' and the organization and qualification of members of the office, objectives, and members, shall be determined as â€˜Equitable,’;
Central operators and branches of meetings, such as sub-operators, officers' terms of office and duties of executives, general meetings, regular meetings, central meetings;
Organization, such as meetings of the operator, meetings of extended executives, finance including support payments, and accounting;
set forth the necessary matters.
Defendants are appointed by Doz, Doz., Doz., Doz., Doz., and Doz.
On August 7, 2011, 201, with ten sperm, etc., part of the operators by region who are operators by region pursuant to the above rules.
Defendant △△△△△ was a group of persons who appointed the field and are engaged in regular visits. From that time, Defendant △△△△△△△△△ was an Buddhist group.
by the date and time of the increase in the number of branches operators by the end of the month, the high-face, the new-face, the high-ranking, the high-ranking, the high-ranking, the U.S., and the high-ranking;
A branch operator shall be appointed by the division operator for each Eup/Myeon, such as the Yaun-si, the Yaong-Eup, the Yaong-Eup, the Yajin-Eup, and the documents of head;
On the other hand, the Hempool apartment, the claim apartment, the non-fluord apartment, the Songsan Saeak apartment, the non-fluorary second apartment.
In the case of a party, which is an election district to run as a candidate for defendant Kim Jong-chul, such as appointment by apartment.
A total of 28 branches were appointed for each region and each residential area.
On the other hand, Defendant Song △△△, Defendant Han ○○, etc., shall be an internal forum of around October 16, 201, hereinafter referred to as “voluntary disturbance.”
Ro-ro "Dong privately placed mountainous village" is organized, and on October 16, 201, November 6, 201, 201, and on December 4, 201, December 4, 201, and January 8, 2012.
Before the end of the 12th century, the defendant Kim Il-young et al., excluding the activities of the above 12.4.
At each activity, each member includes outside person, who is not a member of "Equitable" from the bus before and after the meeting.
He/she conducts personnel affairs for tin, and takes a 'Equitable card' with a 'Equitable card' and marks or provides meals to tin.
The activity, such as thickness, was conducted.
Defendant Song △△△△, Defendant Han-○, etc., and other internal sub-committees on November 13, 201, 201, together with “IBBD” inside sub-committee.
As the same day, Defendant Kim Il-chul was the chairman of the Dong private equity volunteer group.
The office of the party members council at the 4th floor of the Yellow Building in the Si/Gu Seog-Eup shall be the place where the office of the party members council is replaced by a substitute.
제공하고 , 발대식을 함께 진행하였고 , 피고인들은 문 , 홍▣▣ 등 카페 운영진 및
There are about 10 members, and in the same day, Myeoncheon-si, Myeoncheon-si, Love Welfare Foundation's House.
(u) volunteer activities were conducted.
Defendant 10 members, including Defendant 1 △△△, Defendant 1, and Defendant 1, are about 10 members. < Amended by Act No. 11134, Dec. 2, 2011>
11. The phrase 'Dong Private Offering Volunteers', 'Saeng-si' at the 'Sajin-si Medical Care Center for the Aged at the Sajin-si'.
'A meeting of persons who love Kim Hybal with the Ba specified in the Gu' shall be named as ‘A meeting of persons who have become a member of the Gu'.
In addition to posting the "SUS volunteer Card" indoors, volunteer service was conducted, and Defendant Kim Il-young was able to engage in the service.
In the activity site, the elderly who has been provided with services at the above site was engaged in activities such as personnel affairs, etc., and the recipient was;
The number of members of the "Sari-in △△△△, including the defendant Han-in ○○," including about 10 members on December 18, 201.
At the time of the truth-finding, he/she was engaged in volunteer activities at the Seocho-ri community hall at the time of the truth-finding, and Defendant Kim Il-young was in volunteer activities.
In the above site, activities such as distributing his/her name cards to the residents in the above site were conducted.
In addition to the above regular meetings, small groups, etc., the defendant Song △△△, and the defendant Han ○○, even in addition to the activities of the above regular meetings and small groups.
Love group, as a group, on September 26, 201, 201 meetings of extended executives; meetings on October 20, 201; meetings on October 20, 201; meetings on November 3, 201
Third regular meetings, meetings of extended officers on November 28, 201, meetings of extended officers, and meetings on December 8, 201, 201;
on January 26, 2012, 1 Kafa week, 5th regular meetings on February 9, 2012, 17 February 2012, 2012
The sub-committee meetings, the sub-committee meetings on February 24, 2012, the sub-committee meetings on February 24, 2012, the sub-committee meetings on February 26, 2012, the sub-committee meetings on the direction of the sub-committee, and the sub-committee meetings on February 26, 2012.
3. 6. The meeting held on March 15, 2012, and the extended executive meetings, and the promotion of Defendant Kim Il-young.
I would like to engage in offline activities.
On the other hand, Defendant 1: (a) △△△△△, until July 26, 201, shall have approximately 350 members until July 26, 201; (b) 4 months’ total number of employees
2. The term ".. . m. m. m. m. m. m. m. m. m. m. m. m. m. m. m. k. m.
In order for the source to lower 100 per day by day, it is difficult to request active public relations.
The sending of e-mail and considering how e-mail can help Defendant Kim Il-young in December 9, 201.
J. Even for the remaining four months, Defendant Kim Jong-chul shall be placed on the basis of both Mabbaebba, and Mabaeba.
A notice in the board shall be posted on the board, and for about 50 members until December 23, 201, about 550,000 members until December 23, 201, ".., for 5 years in the Republic of Korea,"
There are many questions that need to be raised, .. the best effort is to gather power, and boom Bright Round
. A member who sent the entire e-mail of the content of the member and who was on January 25, 201.
For approximately 570 persons to whom "....... 11, to which the chairperson of the Kim Jong-Bale Kim will become a member of the National Assembly."
. The e-mail of the e-mail is sent, and on April 6, 2012, the e-mail of the e-mail is properly made.
The title is stolen before the Kafbook bulletin board, and the title is "the NANS's NANS's NANS's NA."
".. from the present date, 50,000 persons with thickness of 50,000,000 shall be more than the responsible point;
at least 100 times in telephone publicity, the call fee shall be charged later after the expiration of the statute of limitations.
(zo) Publication a letter on August 10, 201; and Defendant 1, 200, on August 10, 201, on the bulletin board.
The chairman of Li Kim Bale Kim Il-U.S. Don Don Don Kim Il-U. S. Don Don Kim
So far, the President of the Republic of Korea has also drawed and drawed. The value of remuneration and advancement is well known, and our carpet.
Neither more active request for public relations by Nargs. "Nom." shall be published, and on March 17, 2012, notice on the above car page.
“The author must actively prevent the author’s Nithers Republic of Korea. ... Love Kapets that are well known to .. Loves.
The Si shall prepare a list of relatives' relatives' relatives' relatives and make a daily call to them. The Kafin's request was made.
. The writing "." is published, and us prepared on April 6, 2012 on the bulletin board ".... for more than one year".
We have the honor to do their best to return to reality by our ideals prepared for more than one year. We have to do its best.
C. The operators, including Defendant Song △△, Defendant Han-○, etc., such as inserting the letter “.”
'Bale Notice and e-mail' to promote the election of Defendant Kim Mabal, even though they are posted on the Internet car page and e-mail
이로써 피고인 송△△ , 한○○은은 허□□ , 이①① , 문 , 박ㅁㅁ , 홍 , 문①0
A candidate in the election of the 19th National Assembly member on July 7, 2011 in collusion with other operators, etc.
In order to carry out the election campaign of Defendant Kim Il-chul, a private organization, established "Equitable Loy" as a person who intends to become a person.
By doing so, I would like to engage in the activities for the election of Defendant Kim Jong-chul.
As seen above, Defendant Kim Il-chul was to promote the election campaign of Defendant Kim Il-young and others.
In establishing "Ebrye Brone of Private Organization" on February 7, 2011, the Defendant as above, in order to assist the establishment of "Ebrye of Private Organization".
 A member of the Song △△△△△, a member of the Internet Kafa established by the Party for the election campaign of Defendant Kim Maba
Afterward, a letter indicating the intention of politics from the time of joining shall be posted, and on April 26, 201, I shall pass through Dok-si on April 26, 201.
Congress at the time a motion picture with the content that the members will participate in the election while making a blue of the members;
Operational 27 February 2011, 201, by sending 180 members to 180 members.
A group of offlines from July 7, 201, including a group of Jin-gun, shall be present at a group of offlines to July 7, 201 and shall be omitted.
The decision-making is possible by discussing the operation personnel, etc., the measures to secure carpet members, the electoral strategy, etc.
In preparation for an election, the second regular meeting on July 7, 201, and all other gatherings after the second regular meeting.
Most of the members attend a lecture and play a role in strengthening members as a core point of the car page activities, and 2011.
4. 13. On the Gyeong-gu, Gyeong-gu shall be reported from Matri-gu, and this shall be reported through Matri-gu, Matri-gu.
A notice shall be posted, etc. to the management of the Canadian members, and on May 31, 201, the actual expenses shall be charged to the defendant Song △△△△△ for the management of the Canadian members.
The crime of △△△△, Defendant 1, etc. by providing the money to the above Defendant 1
Facilitating and aiding this.
(1) Whether the principal offender exists or not
Defendant Song △△△, and Han ○○ on May 17, 201 or at least July 7, 2011, Defendant Kim Il-young
In order to carry out the election campaign, the fact that the "Febale, a private organization," was established for the election campaign is as mentioned above (paragraph 5).
(2) Whether the act of Defendant Kim Il-young and his aiding and abetting such act is assessed
(A) Assessment of acts
According to the evidence duly adopted and examined by the lower court, Defendant Kim Il-young on February 7, 2011
Defendant Song △△△△△, who was admitted as a member of the “Equi Round” established by the △△△△△△, and Defendant Kim Doz.
The actual accounts shall be conducted at the meeting of those persons who support and assist them on the bulletin board of this Kapet.
The personnel writing indicating the mind is posted directly or several times through the Defendant’s Dok-gu Office.
8) In fact, on April 26, 2011, the defendant Kim Jong-chul continued to be the personnel end of the defendant Kim Jong-chul, and Han Han-ro.
The sound was flicked by winning in the election, but he/she will be flick."
The fact that the video, including the horses, has been sent to the Kafe, to the members, and the defendant Kim Il-young on February 201.
27. (i) The first regular meeting of "Equitable member of Brone", "Equitable member of May 17, 201," and "Equitable member of July 7, 201."
'Equitable’ was present at the second regular meeting of Equitable, and Defendant Kim Il-young’s “Equitable Potable on May 17, 2011.”
After the first regular meeting, the office of the △△△△△ was required for the first regular meeting.
It is recognized that some of the expenses, such as food expenses, has expressed the intention to bear.
However, as seen earlier, Defendant Kim Jong-chul left a Kafe, or Defendant Kim Jong-chul
In response to the invitation of the △△△△, etc., they shall not participate in the car page operation in addition to the passive participation in the meeting.
The Defendant did not give any instruction to, or receive any report from, the △△△ or the Defendant Han-man ○;
India △△△, ○○, freely operating a car page, held a meeting when desired;
The fact that the participating members participate in the car page operating expenses or group meal expenses are borne by the participating members, Defendant Kim.
It is recognized that he/she was involved in the recruitment of members, appointment of chairperson, enactment of rules, etc.
There is no evidence, and Defendant Kim from September 201 to September 201, after establishing a “Feve” meeting.
The substance of this "I" shall not be specified in what he uses for his election campaign and in what amount he uses.
On the sole basis of the fact that Defendant 1 expressed his intention to provide actual expenses, the establishment of △△△△△△
in light of the fact that it is short of making it possible or easy to make it possible to do so;
In light of the above, it is evaluated that Defendant Kim B/L has aided and aided the establishment of the private organization of the △△△△ and Korea.
(B) Whether it is intentional or not.
The act of aiding and abetting under the Criminal Code is easy to commit a crime with the knowledge that the principal offender is committing the crime.
Since it means direct and indirect acts that require a principal to do so, the so-called aiding and abetting the principal to do so.
The intention of aiding and abetting and the conduct of the principal offender is an act that constitutes a constituent element.
Supreme Court Decision 86Do198 delivered on December 9, 1986 and Supreme Court Decision 2003Do3 delivered on April 29, 2005
6056 see, e.g., Supreme Court Decision 6056
In addition to the intention of aiding and abetting Defendant Kim Bright, whether the principal offender was intentional or not
subsection (1) of this section.
At the time of such act as above, Defendant 1: (a) Song △△△; and (b) Han ○, etc.
It was known that it was establishing or seeking to establish a private organization to carry out an election campaign.
There is no direct evidence of this issue, and this article is written on the bulletin board of the Internet Kafe, "Ie Brone".
At the beginning of the △△△△△, etc., Defendant, at each regular meeting, etc. where members of the Kafa are gathered.
was present and the group expressed its intent to bear part of the meal expenses after the meeting.
Only on the sole basis of the fact that Defendant Kim Bright at the time participates in a meeting under the ordinary operation of the Kaf, or
personnel for a person who supports himself/herself, writing on the bulletin board, or further supporting himself/herself;
to the extent that he/she acts as a counter-party to the maintenance and strengthening of his/her intention to support;
It is known that the private organization for the election campaign for itself is in the process of being established.
In the process, it cannot be readily concluded that there was an intention to assist in the process, and otherwise, evidence to acknowledge it.
There is no obal.
As above, there is no evidence to acknowledge the conjunctive charges added at the trial.
The innocence shall be pronounced pursuant to the latter part of Article 325 of the Act, or facts identical thereto shall be found.
The prosecutor's appeal is dismissed by maintaining the judgment of the court below which acquitted the primary facts charged.
Since there is no separate verdict of innocence as to the preliminary facts charged in the text.
In accordance with Article 58 (2) of the Criminal Act, the summary of the judgment of innocence shall be publicly announced as per Disposition.
It is so decided as per Disposition for the above reasons.
Judges Lee Jae-won
Judges Lee Hyun-woo
Judges Kim Gin-han
1) The name of "Class 5 assistant officer" seems to have been referred to as "Class 5 assistant officer"; hereinafter referred to as " assistant officer") is all the same.
2) It is evident that May 14, 201, as indicated in the lower judgment, is a clerical error in the register on May 17, 2011.
3) In addition, there is no circumstance that other competitors were competing in order to receive the Defendant’s permission at the time.
4) The major regional issues of Jin-gun, issues of interest of voters, the current status of voters, the distribution of population and the number of households, the current status of population by Eup/Myeon, the number of population by Eup/Myeon, and the persons with right to each household.
The current status, the analysis of the results of the presidential election, the results of the recent survey on the support rate of political parties, the characteristics of the voters by age, the career of other candidates, and the expected number of votes; the recipient;
The organization of the election campaign headquarters and the election campaign headquarters and the election campaign headquarters, in order to analyze the propy and SOT (the strong point, the weak point, the opportunity, the threat), the analysis of the tendency of the right holder, the election chapter and theme, and the election campaign headquarters.
Measures include ‘measures'.
5) 786 pages of investigation records
6) In light of the nature of the instant case, the Defendants’ defense counsel’s provision of the position of secretary equivalent to class 5 is special mitigation in light of the sentencing guidelines of the Supreme Court sentencing committee.
It is alleged that money or other valuables or benefits provided or received by a person are extremely insignificant, but the provision of a secretary in the position equivalent to class V is extreme.
It can not be evaluated as offering minor benefits.
7) In a case where money, valuables, or benefits provided or received as a special mitigation factor in the sentencing guidelines of the Supreme Court Sentencing Committee are extremely minor, the provision to commit the crime shall be made.
It does not have any particular effect on election result because money, valuables or benefits fall under the provision of money, valuables or food in an amount extremely low by social norms.
such special mitigation is based on the property interest, and is subject to the offer of such position as in this case.
The sentencing criteria which are proposed to provide a position in relation to the degree of benefits provided can not be applied, and the sentencing criteria which are proposed to provide a position are not found.
However, it is used in a way that it is not unlawful in the ability to become an election campaign worker (a person who has an intention to become an election campaign worker).
(or promise to provide) on the assumption that the election campaignr has the capacity to provide (or promise to provide) on the assumption that the
It is particularly negative that the development of their electoral planning capacity, policies and commitments, and the analysis of the market values, etc. are conducted in a way that is not legal;
In that it is difficult to see that it affects people, it is in line with the purpose of the above special mitigation.
8) Investigation records 1126 pages, 1812 pages, etc.
19) Although the prosecutor asserts that he actually provided the actual expenses to the Defendant Song △△△△ on the same day of Kim Il-chul, he/she is the person on May 31, 2011 and June 1, 2011.
(1) Each e-mail (1804 pages to 1806 pages) is not sufficient to recognize it, and there is no other evidence, and the defendant Kim
Even if actual expenses were actually provided, there is no data specifying the amount of actual expenses, so long as there is no data specifying the amount, there is a provision of actual expenses exceeding the customary rent.
It cannot be viewed that it had been done.
10) On the other hand, Defendant Kim Il-young's volunteer group or Dong private equity volunteer group or Dong private equity volunteer group after July 7, 2011, "Ie Kim Il-young", a member of the Love group of "Ie Brone".
The fact that he participated in the election campaign and utilized it as an opportunity for the election campaign, and the place of 'Dong privately Placed Volunteers', which is an internal group of â€˜Beve', is the place of origin.
In addition, the act of establishing a private organization, which is "Equitable," as an act of November 13, 201, providing an office for the Council member Council, but is an act of establishing a "Equitable," which is called "Equitable."
Since the completion of private organization, it cannot be assessed as aiding and abetting the establishment of private organization.