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당선무효
(영문) 부산지방법원 2006.9.12.선고 2006고합524 판결

공직선거법위반

Cases

206Gohap524 Violation of the Public Official Election Act

Defendant

○ ○

Residence and Entry of Permanent Domicile

Prosecutor

Economic Zone

Imposition of Judgment

September 12, 2006

Text

The defendant shall be punished by a fine of KRW 1,000,000. If the defendant does not pay the above fine, the defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

Reasons

Criminal facts

The Defendant, at the fourth simultaneous local election, was elected by leaving the constituency of 00 'O' in Busan, as Gu council members, regardless of the fact that anyone cannot carry out an election campaign, wearing a cap or clothes in the same shape and color as that of the Gu, except in a case where the Defendant wears a cap or e-mail with the same shape and color as that of the Gu, 1, candidate, his spouse (including one person reported by the candidate instead of his spouse from among his lineal ascendants or descendants), election campaign manager, chief of the election campaign liaison office, election campaign worker, and

around 16:00 on May 18, 2006, nine persons, such as the defendant, his spouse, his lineal descendant, election campaign worker A, B, C, D, E, and F, who are the defendant, his lineal descendant, his lineal descendant, election campaign worker A, B, D, E, and F, are engaged in an election campaign, wearing a bachelor's and bachelor's hall with the same shape and color as that of the defendant, his spouse, his lineal descendant,

2. No one may distribute the documents, etc. indicating the name of a candidate in order to influence the election from 180 days before the election day to the election day;

On May 21, 2006, at around 05:00, a document indicating the name of the candidate was distributed in order to influence the election by attaching 52 pages of the name cards for election campaign in which the photograph and name of the defendant are written to the front door of 00 apartment units located in Busan 00-Gu 002-dong, Busan 002.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each image of each on-site photograph;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 255(1)16 and Article 105(2) (the provision of paragraph (1)) of the Public Official Election Act, Article 255(2)5 and Article 93(1)(the provision of paragraph (2) of the Public Official Election Act, Article 255(2)5 and Article 93(1)(the provision of paragraph (2) of the Public Official Election Act

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in Article 1 of the Decision with heavier punishment)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

Grounds for sentencing

The defendant, as a Gu council member in active duty service at the time of committing the crime of this case, is in a position to take the front place in order to establish a fair and clean election culture, but there is a high possibility of criticism by putting illegal election campaigns more than twice as stated in the facts constituting the crime in the judgment, and his spouse and election campaign workers are subject to criminal punishment by this court on October 0, 2006 due to an illegal act identical with the facts constituting the crime of the crime of this case, which is also subject to criminal punishment on October 0, 2006. The above general illegal election campaign by his spouse including the defendant, his spouse, and election campaign workers

Judges

The presiding judge, the deputy judge;

Judges Kim Gin-soo

Name of judge Class;