Residence Dong-gu

Permanent Dong-gu

The defendant, on May 31, 2006, tried to enter the fourth nationwide local election of Dong-si, Gwangju Metropolitan City as a candidate for a member of the Dong-gu, Gwangju Metropolitan City Council around February 2, 2006, and applied for a Gongcheon, Kim 00,000, which was fallen;

1. Despite the fact that no one may publish a letter opposing candidates in accordance with the provisions of the Public Official Election Act for the purpose of influencing the election from 180 days before the election day to the election day, with the aim of preventing election from being elected 000 days going out after obtaining democratic dong-gu Seoul Special Metropolitan City council members from winning the above election, at the head office PC located in Nam-gu, Gwangju Special Metropolitan City, on March 22, 2006, at the Internet homepage 89-11, a minor who connects to the democratic party Internet homepage, and at the same time, a person who has sexual assault power from 00 days before the election day to 0,000 days before the election day, and at the same time, at the same time, applied for an official bulletin of the political party to 6 days after the election day to 00 days after the election day, the National Assembly members of the Korean Women's Political Year's Association and the Women's Association, who received the aforementioned written application to 10 days after the election campaign bulletin of the political party.

2. 누구든지 선거운동기간 전에 통신을 이용하여 선거운동을 할 수 없음에도 불구하고, 김00(2006. 6. 16. 기소유예)는 최소한 2005. 11.경부터는 주변으로부터 출마 권유를 받고 있었는바, 김00과 공모하여 같은 해 1.23.경 광주 동구 --- 소재 김00의 ## LPG충전소 사무소에서, 김00은 피고인이 인터넷 크로샷(www, xroshot. com) 사이트를 이용하여 문자메시지를 전송할 광주 동구에 거주하는 민주당원들의 명단과 전화번호를 확보해 주고, 피고인은 위 명단과 전화번호를 보고 김00이 준비한 민주당 당원 명부에 있는 전화번호를 보고 인터넷 크로샷 사이트에서 제공하는 문자메시지 자동발송서비스를 이용하여, 광주 동구에 거주하는 민주당원 6,231명의 휴대전화에 '민주당의 승리를 위하여 최선을 다하겠습니다. 동구 청년위원장 김00 라는 문자메시지를 발송하는 방법으로, 선거운동기간 전에 통신을 이용하여 김00의 이름을 알리는 선거운동을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement on the summary of the recording and video recording by the prosecution against the defendant and Kim 00;

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

1. Statement of the police suspect interrogation protocol concerning Kim 00;

1. Each statement made by the police in relation to 000, 00, 100, 200, and 200;

1. Entry in a complaint;

1. Entry of the police seizure record and the list of seizure;

1. Each description of a request for request for investigation and cooperation, such as response to request for provision of communications data, request for provision of communications data, response data, etc., warrant of search and seizure verification and execution result, warrant of search and seizure verification, and correspondence data inquiry;

1. 각 용의자 게시글 첨부, 광주 동구 제2선거구 예비후보자 명부 첨부, 수사보고(즐겜 PC방 잔류정보 확인), 수사보고(챔피언PC방 잔류정보 확인), 수사보고(미르PC방 잔류정보 확인), 수사보고(땡큐PC방 잔류정보 확인), 수사보고(용의자 추가 게시글), 수사보고(중요 단서 확보) 및 잔류정보 입증CD, 수사보고(용의자 추가 게시글), 수사보고(용의자 김00의 지방선거 연관성), 수사보고(다음 커뮤니케이션압수수색영장집행회 신) 및 CD, 수사보고(압수한 컴퓨터 분석수사), 수사보고(김00 컴퓨터 잔류정보 확인), 수사보고(김00의 사전 선거운동 혐의사실 확인), 수사보고(김영훈, 김00 사이트 가입현황 검색), 수사보고(김00, 김영훈 크로샷 사이트 가입현황), 수사자료 송부, 민주당 공천자 확정 발표, 크로샷 사이트를 이용한 문자메시지 전송횟수 확인 보고, 관련 사건기록 사본 제출 보고의 각 기재

Application of Statutes

1. Article applicable to criminal facts;

Article 251(a) of the Public Official Election Act, Article 255(2)5 of the Public Official Election Act, Article 255(2)5 of the same Act, Article 93(1)(a) of the Public Official Election Act (a notice of a document by a wrongful method), Article 254(3) of the same Act, Article 30(a) of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crime of violating the Public Official Election Act due to the omission of candidates, the crime of violating the Public Official Election Act due to the posting of documents by each illegal means, and the punishment on the crime of violating the Public Official Election Act due to the omission of candidates with heavy punishment)

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

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 a crime of violating the Public Official Election Act due to the neglect of candidates heavier than punishment)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (As the first offender, Kim00 did not go out of the fourth national provincial election, regardless of the defendant's above act, 000 won was elected in spite of the defendant's above act, age, character and conduct, etc.)

Judgment on the defendant and defense counsel's assertion

The defendant asserts that the part related to sexual assault in 000 among the writing posted by the defendant is true, and that the defendant should be acquitted on the above part because the defendant's illegality is dismissed, since the defendant's provision of sufficient materials about the qualification of the candidate to the central party and voters of democratic party is for the public interest in the motive to exclude the disqualified person from the candidate of democratic party, and the right holder should exercise appropriate voting rights.

However, in light of the following circumstances acknowledged by the evidence adopted earlier, the defendant has joined a democratic party homepage by stealing another person's name as a member, and has repeatedly posted a statement in the form of comments in order to see that many people have interest in the writing on one's own, and has also posted a statement in the form of comments in addition to the writing related to sexual assault crime, the facts such as "profesing a student movement", "illegal level cancellation", and "public money embezzlement" are not verified. In particular, in light of the above circumstances, since the point of time of posting a statement about 000 on the democratic party website is the period of application for reexamination as to the result of the review, the above part of the above cannot be seen as being important for the reason that there is no reason to believe that the above part of the statement can be materials to determine the quality and eligibility of a candidate, and thus, it cannot be deemed that there is no reason to believe that the above part of the statement would be a democratic motive between the two parties.

It is so decided as per Disposition for the above reasons.

Judges Park Jae-in

Judge Kim Sung-sung