공직선거법위반
2012Gohap230 Violation of the Public Official Election Act
1. In-depth○○ (610411 - 1) and National Assembly members;
Park Jong-hee in the Gu and the Gu
2. A (790528 - 1), and non-official titles
Park Jong-hee in the Gu and the Gu
3. B (740418 - 1), commerce
Gu, Si, Gu and Gu, Gu and Gu, Gu and Gu
4. Soldiers (690101 - 1), other
Do-si residential Do-dong
5. A refining (630108 - 1), food service
Do-si residential Do-dong
6. (750207 - 1), industry
Gu, Si, Gu and Gu, Gu and Gu, Gu and Gu
7. Flag (740901 - 1) and other employees;
Gu, Si, Gu, Si, Do and 5 roads
8. Gyeong (620920 - 1), Company Board
In the Gu and the Gu, the Gu and the Gu;
Personal mail (prosecutions, public trials)
nan
November 23, 2012
Defendant 1: (a) Defendant 2,500, and (b) Defendant 2,500, and Defendant 1, and Defendant 2,500, and Defendant 1,500, and Defendant 1,500, and 00, respectively, shall be punished by respective fines of KRW 3,00,00, and KRW 3,00.
In the event that the Defendants did not pay the above fine, the Defendants shall be confined in the old house for a period of 50,000 won converted into one day.
To order the Defendants to pay the amount equivalent to the above fine.
Criminal facts
Defendant 1 is a member of the National Assembly who was elected in the 19th National Assembly on April 11, 2012, and was in charge of the full-time adviser of the organization's organization's organization's leader or a member of the 19th National Assembly. Defendant A was in charge of the examination leader from May 2008 to September 30, 201, and was in charge of the examination leader of the organization's leader or a member of the 19th National Assembly; Defendant 2 was in charge of the above examination leader of the organization's leader or a member of the 19th National Assembly; Defendant 2 was in charge of the above examination leader of the organization's leader or a member of the 19th National Assembly; Defendant 2 was in charge of the above examination leader of the organization's leader or a member of the 19th National Assembly; Defendant 2 was in charge of the above examination leader's member of the 19th National Assembly; Defendant 2 was in charge of the above examination leader' or a member of the 3.
No person may establish or set up any private organization or other organizations, such as the research institute's club, early rising club of the native folks society, alpine club, external group of a political party, regardless of their titles or professed purposes, for the election campaigns of a candidate or a person intending to become a candidate in an election.
Defendant A, on October 1, 2010, was employed by Defendant C as a researcher in extraordinary civil service at the Korea Industrial Technology Institute in whose case Defendant C, who was dispatched to the Vice-President A and was on duty by Defendant C around October 1, 201, and the Defendant C, ○○, as a researcher in extraordinary civil service, planned affairs related to the election in preparation for the withdrawal of the above election. Around that time, around September 10, 201 and around that time, 2010.
10.1. Around January 28, 201, Defendant 1: (a) planned a project to create appearance in the Gu-U.S. area; and (b) reported the plan to Defendant 1 to ○○○○○○○○○○○○○○○○○○’s project, which includes inviting a public official candidate for the foregoing election in the Gu-U.S. election district; (c) organizing a group of 2030 Empic tank to conduct the foregoing election; (d) organizing an overall planning program related to the above election; and (e) holding Defendant 1’s ○○○○○○○○○○○○○’s office as the head of the election planning team; and (e) holding Defendant 2’s office or the Gu-U.S. election campaign, including Defendant 3, etc., on a regular basis, with Defendant 1’s overall information and promotional activities related to the above election; and (e) holding Defendant 1’s office or the Gu-U.S. election campaign team at around that time.
around March 10, 201, Defendant 1 instructed Defendant 1 to find out an election campaign using the Internet by sending e-mail with the contents of “the head of ○○○○○” and “the head of ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○”).
On May 14, 201, 201, Defendant 1, who was introduced through Defendant 1’s police officer, introduced himself by telephone to Defendant C who was introduced through Defendant 1’s police officer, and then heard the situation where Defendant C prepared a “examination leader” organization from Defendant C, and accepted it upon Defendant C’s request to attend the first meeting to establish a “examination leader” organization on May 14, 201.
Around May 14, 2011, the name of the defendant ○○○, the defendant police officer, the defendant Byung, the defendant Byung, the defendant Byung, and the defendant non-indicted collected 10 in a restaurant operated by the defendant Jeong-dong in Dosan-si and discussed to form an organization for the election campaign of the defendant 10 in order to refer the name of the defendant 1 to "the examination leader, who is the end of the meeting of the people who love the defendant 1". The defendant ○○ was working as the director of the bureau of the Ministry of Knowledge Economy as of "the mother of the defendant's body" for the mother at that place. The defendant 1's speech to the effect that "on the part of the mother of the defendant 1 et al., the defendant al., who attended the meeting of the above defendant 1 et al., and "on the part of the defendant 1 et al., the defendant al., who attended the meeting of the first e-mail from the defendant 201."
Defendant A, Defendant police officer, Defendant C, Defendant Defendant Defendant Defendant’s court, Defendant B, Defendant Non-Defendant, and Defendant Defendant Defendant Defendant 2.
6. On March 1, 201 and June 17, 2011, at the cafeteria that the Defendant’s Government operates, together with 20 or more members of the examination mother, such as crym crym crym crym crym crym crym crym crym crym crym cryms.
We have the honor to reduce the meeting of the people who love ○○. The reason why this meeting was established is that it is difficult for the members of the central government of the central government of the central government of the central government of the central government of the central government of the central government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government of the local government.
After that, the Defendants opened an Internet car page and agreed to conduct a personal election campaign for the purpose of deep ○○○ by increasing the applicants of Defendant 1’s heart, and opened a car page on the Internet next website on August 9, 2011, and decided that the name of the Defendant was as if he was the volunteer chain, and had been able to recruit members, such as holding premiums, such as NAP, and driving events, in order to increase the applicants of Defendant 1’s heart○.
At the time of 00, Defendant C, Defendant C, Defendant C, Defendant Non-Party C, and Defendant C, the head of the external cooperation division, the head of the event division, the head of the policy division, women’s head, and the head of the planning division. On August 21, 201, Defendant C’s rally and resolution of the operation team, including the members of the Gu-U.S. Free Economic Zone Planning Body, are carried out by the members of the 200-U.S. government office, and the members of the 200-U.S. government office, including the members of the 20-U.S. government office, are assigned to the 20-U. government office, and the members of the 200-U.S. government office, including the members of the 20-U. government office, are members of the 20-U.S. government office, and the members of the 20-U. government office, including the members of the 20-U.S. government office, are members of the 3-U. government office.
In addition, for the purpose of promoting ○○○○○○○, including the Defendants, members of the above 'Emar examination group' or 'Emar 2000, shall hold the first Mamar of the above organization (or a regular meeting of members of the Internet community or club) on October 30, 201, and on December 2, 201, "members of the above 'Emar 200, including Defendant ○○○,' held in front of the Mamar Gamar Gamar 2 held in the Gumar 200, with the aim of promoting the above ○○○○○, with the focus of Defendant’s heart 2, the members of the above 'Emar 2, including the above ○○○, 00, 000 members of the above 1mar 2, 200, 200, 3mar 1, 2000, 201.
Accordingly, the Defendants conspired to establish ‘the appearance of examination' or ‘the heart volunteers' for the election campaign of Defendant 1, 200.
Summary of Evidence
1. Legal statement (as to the remaining Defendants except Defendant 1 ○)
1. Suspect interrogation protocol by prosecution;
1. Statement by prosecution;
1. Police statement;
1. Part of the police statement;
1. Duplicative copies, etc.;
1. A report on investigation;
1. Each protocol of seizure and the list of seizure;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Defendants, Articles 255(1)11 and 87(2) of the Public Official Election Act, and Article 30 of the Criminal Act.
Selection of each fine
1. Detention in a workhouse;
Articles 70 and 69(2) of the Criminal Act
1. Order of provisional payment;
Article 334(1) of the Criminal Procedure Act
Judgment on Defendant 1’s assertion
1. Summary of the assertion
In order to support Defendant 1’s ○○ and defense counsel, the organization established voluntarily by the rest of the Defendants except Defendant 1, which is prohibited from being established under Article 87(2) of the Public Official Election Act. Defendant 1 only actively participated in meetings voluntarily made by the rest of the Defendants, and did not establish the above meetings in collusion with the rest of the Defendants. Defendant 2 did not dispute the facts charged (hereinafter referred to as Defendant 2 only in the item of “decision on Defendant 1’s argument of ○○ and defense counsel”).
2. Facts of recognition;
According to the evidence duly adopted and examined by the court in relation to the key issues of the instant case, namely, whether the Defendant and the defense counsel constituted a private organization under the Public Official Election Act, and whether the Defendant conspireds with other Defendants in the process of establishing the said group, the following facts can be acknowledged.
A. Defendant’s career and election of election of National Assembly members 1) was born in Young-gun, Sejong-do (Seoul-do, the administrative district was reorganized to the Posi-si on January 6, 1995), and completed from a middle school at that place, and thereafter newly established national *** graduated from a high school in 1990, the Defendant served as an appointment administrative officer of the office of the Chief Economic and Economy secretary through the Korean Intellectual Property Office, the Ministry of Trade, Industry and Energy, and the Ministry of Commerce, Industry and Energy, etc., and retired from office as the head of the Ministry of Knowledge Economy, who is the government-funded research institute under the Ministry of Knowledge Economy, and retired from office as the head of the Ministry of Knowledge Economy. 3) On October 6, 2011, immediately after the Defendant retired from public office, the Defendant was registered as a preliminary candidate for the election of National Assembly members on March 1, 201.
4 ) 피고인은 2012. 3. 중순경 실시된 새누리당 구미갑 지역구의 당내 경선에서 경쟁 후보인 김◆◆ 후보를 누르고 새누리당 후보로 선출되었고1 ), 2012. 4. 11. 실시된 제19대 국회의원선거에서는 약 62 % 의 득표율로 국회의원으로 선출되었다 .
B. The Defendant: (a) from around 2010 to around 19th National Assembly members who had been dispatched to Cheongdae, the Defendant considered whether to go out the 19th National Assembly member; and (b) around May 2010, the Defendant introduced “A” who was employed by the head of the organization of the Korea-U.S. Party at the time through employees working in the Cheongbu District. (b) On September 10, 2010, around September 10, 2010, the Defendant created and delivered a document in the column “Gu-U.S. District Review Project” to the Defendant, and the key contents are as follows.
1. A project to create a Gu-U.S. regional review group: (a) on February 2, 199, the special lecture (content omitted); (b) the purpose of organizing the core figures for each Dong-U.S. regional test group: (c) to utilize them for the election of National Assembly members by N.S. National Assembly members in the future: (d) the head of Dong-U.S. Tong, Tong-U. Tong, Women's Council, and Youth Council by Dong-U.S. regional review group and women's council, etc.; (b) the youth committee and women's council, etc. annually, have a large number of events; (c) if it is possible to provide budget support at Gu-U.S. regional research center; and (d) the defendant, as an executive officer of Gu-U.S. regional research center, should actively participate in the project at least 210-3 of the Gu-U.S. regional research institute at the end of 0-U.S. regional research institute and 4 of the Gu-U. regional research institute.
4) The Defendant graduated from the old and American high school, but was born to 2.0 on October 22, 201, and did not have any way to visit the old and American schools, but requested or instructed Party A to conduct affairs necessary for the future election campaign from October 2010. Accordingly, Party A started to take charge of affairs such as planning and public relations in preparation for the Defendant’s withdrawal from the old and American constituency as a candidate for National Assembly members, and Party A participated in the election campaign on 20th of 2010, the Defendant was entrusted with the Defendant’s 1st of 2nd of 2nd of 2nd of 2nd of 2nd of 1st of 2010 and 1st of 2nd of 2nd of 2nd of 2nd of 2nd of 2nd of 2nd of 2nd of 2nd of 2nd of 2nd of 2nd of 2nd of 2nd of 2nd of 3th of 2010.
7) On the other hand, from January 201, 201, Party A, the border, etc. held a "working meeting" or "malebling club" regularly at the office of the former U.S.A. Development Forum (278 - 2 located in the old U.S. Sil-si, 278 - 2) with the secretary general, and discussed the strategy and election campaign methods of the defendant for the election campaign at this meeting, and reported the result of the meeting to the defendant from time to time.
8) As above, Party A is involved in the “ Future Strategy Meeting”, “2030 Escke tank”, and “Sckedong conference”, while participating in the “Sckedong conference.”
1. From around March 1, 201, the Defendant prepared a daily log related to election campaign and shared important matters with the Defendant in the form of a daily situation report, and the light was in charge of exercising overall control over the Defendant’s early election campaign situation while presiding over the “malecdong conference”. 5) The Defendant reported the situation of election campaign-related by Party A and the police at any time on March 10, 201, and requested and instructed them to request necessary matters by sending electronic mail to Party A or directly contact with Party A on March 10, 2011.
다. ' 심사모 ' 의 구성 및 ' 심봉사사람들 ' 카페의 개설1 ) 갑과 경은 2011. 3. 24. 갑의 고등학교 선배인 병을 만나 피고인이 구미갑 지역구에서 출마할 계획이 있으니 도와달라는 요청을 하였고, 병은 이들의 요청을 수락하면서 앞으로 선거운동을 돕겠다고 대답하였으며, 2011. 4. 4. 에는 앞으로 피고인이 구미에 올 경우 수행을 맡아 달라는 경의 요청도 받아 들였다 . 2 ) 갑, 경은 2011. 4. 18. 병 및 병의 지인 10여명과 함께 모임을 갖고 참석한 사람들에게 피고인의 선거운동을 도와달라고 부탁하였으며, 다음날 ' 형곡동회의 ' 를 개최하면서 병과 그 지인들을 중심으로 ' 심사모 ' 를 만들기로 하고 그 모임의 명칭과 성격에 관하여 토론하였는바, 갑은 업무 수첩에 ' 점조직 모임, 이름 생각해볼 것. 심사모 ( x ), 다른 기발한 것 ( ex. 인당수 ). 인당수 in 구미. 인당수 : 심청이가 심봉사를 살리기 위해 ' 인당수에 몸을 던졌듯이 국장님께서 구미를 구하기 위해 인당수에 몸을 던진다는 의미 부여. 조직원에게 직책 부여할 것 ( 책임의식 고취 ). 회비는 부담갖지 않는 한도에서 받을 것. 정흠형 모임 말고 별도 조직 구성할 것. 총장님 : 최종 10개 조직에 1만명 구성 ' 이라는 내용을 메모하였다 . 3 ) 병은 그 무렵 경, 을, 하모씨, 무, 이※※ 등과 함께 구미시 상모사곡동에 위치한 고깃집에 모여 ' 심사모 ' 의 모임 방식과 활동 계획에 대해서 논의를 하였고, 그 후 2011. 5. 14. 피고인의 고등학교 동창인 정이 운영하는 식당에서 피고인, 경, 병, 정 등이 참석한 가운데 첫 번째 ' 심사모 ' 모임을 개최하였다 ) . 4 ) 을은 ' 심사모 ' 의 첫 번째 모임을 전후하여 위 모임의 회장을 맡기로 하였고7 ), 위 첫 번째 모임 직후인 2012. 5. 16. 피고인에게 심사모 모임 참가자 명단을 엑셀파일로 정리하여 전자우편으로 보내기도 하였으며, 피고인은 위 첫 번째 모임을 전후하여 병 , 을 등에게 격려전화를 하기도 하였다 .
5) Furthermore, around June 3, 2011, Byung held the second "examination leader" meeting at the above restaurant, where approximately 20 persons, such as Gap, Gyeong, Ho, Ho, and Ma, Byung held a meeting. In this place, the defendant was composed of standing advisers, advisers, Eul, Eul's president, Byung's secretary, secretary general, Eul's secretary, and executive secretary, and Eul was the chairperson of the examination team. In the above place, Eul was the chairperson of the examination team. The reason for this meeting was that the defendant was composed of a large force for the future of the old, but the defendant was insufficient, and the defendant was a member of the examination team "20 ................, the defendant was a member of the examination team of the examination team, which was composed of two 10 .........
6) On July 14, 2011, the Defendant directed Party A to report to “A” group to “A” group and monitoring, and Party A also heard grievances related to “A” group on the same day.
7) On the other hand, the operational team of "A", including A, Gyeong, and B, decided to open online cameras as discussed at two meetings, and decided to change the name "A" with the name of "A" too political color and its name to "Seman service providers" at the time of opening a camera.
D. On August 9, 2011, as decided at the second meeting, the term "Examine 1") was to open an Internet camera of a gathering." On the Internet following the Internet, 's name (cafe-rum. d. d. g.i.i.i.i.i.i.i.i.)' was opened. Kapet consists of 's core service persons', 'public notice', ' old news', 'daily member', 'daily member', 'One-day member', 'Seoul News', 'Seoul News', 'Seoul News', 'O○○○ and Seo-U.i.i.e., one-day member', 'S. one-day member', 'I.m., three-party member' in the free economic zone planning division, 'I.S. 9-party member' in the name of the defendant, 'I.S. National Assembly member' in the name of the defendant.
2) On August 12, 201, immediately after the establishment of the above camera, the Defendant subscribed to the camera under the name of "hock", and followed, the Defendant left the camera or comments in the form of a camera or comments, as examined thereafter.
3) On August 21, 2011, 201, Eul held 10 or more core service personnel, including Defendant C, C, C, S, Ming, Ming, Ming, and Fing, as well as 10 operation staff members. In this field, “In our head of Si/Gun Planning Group of the Free Economic Zone. Members of Si/Gun were to live together in old and old lives. The purpose of this part is to be one of the core service personnel, and our work was to be done by the members of the Si/Gun, and the members of the Si/Gun were to be called chip as external chip, new old and new Guchips, desire, future old and future salivists, old and late salivists, old and last ming, ○○○○○○ ming,” and the members of the Si/Gun were to be called ○○○ ming, including the Defendant.”
On the other hand, on August 18, 2011, Byung sent the work schedule plan to the Defendant by e-mail, and the Defendant sent the e-mail, i.e., “S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. and e-mail, “S. S. S.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S
4 ) 갑은 2011. 9. 1. 위 카페 운영진 회의 방에 ' 지난 주에 국장님의 요청으로 선거관리위원회에 카페운영 및 국장님 기자회견과 관련해 서면으로 질의를 했습니다. 그와 관련하여 회신을 받았는데 제가 한글파일로 편집을 좀 했습니다. 국장님과 총장님껜 제가 어제 따로 메일을 보내드렸고, 국장님께서 카페 운영진도 내용 공유하라고 하셔서 이렇게 파일을 올려드리니, 반드시 읽어보시고 카페 운영에 차질이 없도록 하시면 될 것 같습니다 ' 는 글을 게시하였는데, 위 첨부파일에 기재된 선관위의 답변 내용 중 카페 운영과 관련된 주요 내용은 다음과 같다 .
The case holding that it is impossible on February 1, 200 to open a 10-party platform on the Internet site regardless of the political party's panty election, to post 10-party members' speech contents, situation of activities, newspaper articles, past election-related materials, members' guidance, etc., or to directly post 10-party members' opinions on the Internet homepage; however, if a person transmits contents to members, etc., or solicits them to support or post 3-party members' election campaigns, such as election pledge, etc. before the election campaign period, 10- party members' 10- party members' 2- party members' 10- party members' 2- party members' 10- party members' 2- party members' 10- party members' 10- party members' 2- party members' 10- party members' 2- party members' 10- party members' 10- party members' 3- party members' 2- party members' 10- party members' new election campaign.
6) In addition, on November 24, 2011, members of the 's members' participated in the Korea-U.S. Commission for Publication of the Defendant's author's book held in the Gu-U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.s.s.s.
31. At the top-down events held in the Ginsa Park in the Jinsadong-gu, Sinsi-si, the Defendant divided coffees to citizens, and even around February 19, 2012, the Defendant held the second head at the Geumsasan Camp in the south-dong, Sinsi-si. The Defendant made a personnel statement to the participants at the meeting of Songsa-si and the second head of the Sinsae-si, and the Defendant divided the shoulder belt of the "Saeman" into the front of the members with the shoulder belt at the time of the field-type event and the second head of the Gunsa-si.
7) On February 2, 2012, the 19th National Assembly member election and the 19th National Assembly member competition party's operation team of the 10th National Assembly member's service personnel's service personnel's meetings were held in the Defendant's election office located in the Gu and Si/Gun/Gu, and the Ka Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa
8) The operational team of 's deep volunteers' publicized Kafa, using telephone, text message, Kakakaox, etc., and provided 100 members such as the 100th members with NAfa, which led to 801 members for 519 members for 19 members for 19 members for NAfa to increase the number of members. As above, the number of 's deep volunteers' in various efforts to increase the number of members was 801 as of March 24, 2012, before the 19th election of National Assembly members was held.
마. 심봉사사람들 카페에 게시된 글의 내용1 ) ' 심봉사사람들 ' 카페 개설 초기에 게시된 글은 대부분 피고인의 경력과 선거 출마를 알리거나 홍보하는 내용이거나 모임의 행사 일정을 알리는 글이다. 특히 초기에는 피고인의 경력, 저서 및 구미시 선거정보를 알리는 글 외에 아래와 같이 운영진을 통해서 카페에 가입한 사람들의 인사말이 다수를 이룬다 .○ 2011. 8. 27. 회원 가입한 1인이 ' 안녕하세요. 을씨 추천으로 가입했습니다. 솔직히 아직 어떤 모임인지, 앞으로 자주 들러서 인사드리고 적극 참여하겠습니다. 반가워요 ' 라는 글을 남기자을은 ‘ 누님 자세히는 갠적으로 말씀드릴께요. 적극 활동하리라 맏습니다, 갑은 ' 반갑습니다. 카페 자주 들리시다 보면 아실겁니다 ' 라는 댓글을 올림 .○ 2011. 8. 30. 갑의 친구가 ' 심봉사사람들 파이팅. 내 친구 갑도 파이팅 ' 이라는 글을 올리자 갑은 비록 몸은 구미에 없지만, 구미에 계시는 부모님과 지인들에게 홍보 좀 잘해주라 '라는 댓글을 올림 .○ 2011. 8. 31. 피고인의 친구 중 1명은 ' 구미가 더욱 발전적으로 변하길 바라는 심봉사 친구입니다 ' 라는 인사말을 남김 .○ 2011. 9. 2. 회원 가입한 1인이 ' 내용은 잘 모르는데 옆 짝꿍이 구미를 바꾼다고 하던데 잘되길빌겠습니다 ' 라는 인사말을 남기자 갑은 ' 반갑습니다. 반드시 변화가 필요한 시점이죠. 앞으로자주 들려주세요 ' 라는 댓글을 올림 .○ 2011. 9. 5. 피고인의 동생인 심 * * 는 가입인사로 ' 나도 심봉사인데 ' 라는 인사말을 남기자 김 * * 는댓글로 ' 국장님 친동생이신 분이세요 ? 오 ~ 안녕하세요. 방갑습니다. 환영해요 ' 라는 글을남김 .○ 2011. 9. 22. 윤 * * 는 가입인사말로 ' 구미필승, 구미 발전을 위하여, 구미경제에 눈을 뜨게 함해봅시다 ' 라는 글을 남김 2 ) 한편 카페 개설 초기에는 카페의 운영 방향 및 카페의 명칭에 관한 글도 자주 눈에 띄는데, 2011. 9. 5. 을은 카페 명칭을 변경하자는 취지의 글을 올렸고, 이에 대하여 갑이 ' 형님 제 생각에는 카페 이름이 본 취지와 조금 다르더라도 가입한 회원들은 내용을 알고 있으니까 이대로 가는 것도 나쁘지 않을 것 같다는 생각이 듭니다, 이에 이 * * 역시 ' 저의 의견도 꼬옥 바꾸셔야 하는 이유가 있으시면 당연히 바꿔야 하겠지만, 저는 심플하게 심봉 사사람들이 좋을 것 같습니다 ' 라는 의견을 제시하자 을은 ' 심딩크님 의견입니다. .. ' 며 자신이 올린 글이 피고인의 뜻에 따른 것이라고 하였으며, 이에 대하여 갑은 다시 국장님 께서 카페 개설 후 6개월 후에 이름 변경이 가능한 것과 새로 개설할 경우 회원을 다시 가입시켜야 되는 등의 내용을 말씀드렸는지요 ? 명확한 정보를 보고 드린 후에도 주군께서 바꿔야 된다고 하시면 운영진에서 심도 있는 회의를 거쳐 뜻에 따르는 방향으로 해야겠지만, 위와 같은 내용을 모르고 계신다면 다시 말씀드려 보는 것이 어떨까 싶습니다 ' 는 글을 남기기도 하였다 .
3) On August 26, 201, 201, the term "at the operating room of the operating team," a large number of students. It is not a different, but a 150th, 200, 250, 300, 400, and 500. In order to ensure smooth securing of the number of members in the language room, the term has a fluencing fencing relationship. In this regard, I will conduct an audit if I will express the opinions of the number of members who subscribed to the following notice. The thickness of the members of this event will be fluenced with the thickness of the chairperson of the Kaud, and then I will receive a fluculcing flucing, and then I will receive a heavy thickness.
그 후 기는 2011. 8. 30. 공지게시판에 ' 블랙박스 당첨자를 공지합니다 ' 는 제목의 글을, 갑은 2011. 9. 2. ' 2차 이벤트 시작합니다. 200번째 가입 회원 ' 이라는 제목의 글을, 을은 2011. 9. 30. 300번째 회원에 가입한 김○○에게 30만 원 상당의 산삼수를 제공 ( 후원 : 정 고문 ) 한다는 내용의 ' 300번째 주인공이 되신 것을 축하드립니다 ' 는 제목의 글을, 이 * * 은 2011. 10. 1. 추천인수 1위를 한 회원에게 네비게이션을 경품 ( 후원 : 사무장 병 ) 으로 지급한다는 내용의 ' ( 이벤트 수정 ) 신형 네비게이션 - 이번엔 당신이 주인 공입니다 ' 라는 제목의 글을, 김 * * 는 2012. 1. 15. 최대 추천인 1위부터 5위 및 게시글 댓글 우수회원에게 각 장뇌삼 5뿌리 내지 10뿌리를 제공 ( 후원 : 정 고문 ) 한다는 내용과 장뇌삼 사진을 첨부한 ' 카페 활성화 빅 이벤트 ! ' 라는 글을 게시하였다 . 4 ) 피고인 역시 ' 심봉사사람들 ' 카페에 다음과 같이 수시로 일일메모나 댓글 형식의 글을 작성하였다 .○ 2011. 8. 29. 에는 ' 전쟁에서 제일 중요한 것 중 하나가 스피드를 조절하는 것이다. 지금 갑자기속도감이 떨어지고 있습니다. 회원 가입도 그렇고 방문 수도 그렇고, 조금만 더 스피드 업을 합시다. 힘찬 한주 모두가 승리하는 그날까지 끝없는 전진을 ’ 라는 내용의 메모글을 작성○ 2011. 8. 30. 에는 기의 위 150번째 가입자 이벤트 공지 글에 대하여 ' 언제 행운의 잿팟이터질까. 150번째 행운의 회원을 기다리며 오늘도 카페를 둘러 봅니다 ' 라는 댓글을 작성 .2011. 9. 2. ' 어제 운영진 긴급 번개 기분이 좋았다고 하네요. 9월 첫 주말 잘 보내세요 ' 는 메모글을 올림 .○ 2011. 9. 5. ' 오늘은 추석연휴가 기다려지는 월요일입니다. 모두가 에너지 충전하는 하루가 되길기대하며 ' 라는 인사말을 올림 .2011. 9. 16. ' 심봉사 사람들은 순수하고 적극적이며 열정적입니다. 그래서 사람이 좋다. 인간이좋다는 말이 실감납니다 ' 라는 인사말을 올림 .○ 2011. 9. 30. 을의 300번째 가입자 이벤트 공지 글에 ' 멀리 서울에서도 축하드려요. 300번째 행운의 주인공님. 카페 발전을 위해 힘써주소 ' 라는 댓글을 작성 .○ 2011. 11. 26. ' 오랜만에 ktx를 타고 서울에 왔습니다. 이제는 서울이 구미보다 낯선 느낌. 이제는 심봉사사람들과 겨울을 함께 해야 하는 운명이라는거. . 실감 납니다 ' 라는 인사말을 올림 .○ 2012. 2. 26. ' 심봉사사람들. 늘 감사드립니다. 이제 얼마 남지 않았습니다. 승리를 위해 다시또 달리겠습니다. 도와 주십시오 ' 라는 인사말을 올림 . 5 ) 카페 운영진은 2012. 1. 18. 카페 운영진회의를 개최하여 그 논의 결과를 운영진회의 방에 게시하였는데, 을은 위 회의에서 ' 카페의 원래 취지를 반영하여 적극적 지지활동을 한다. 카페회원이 현재 509명인데, 일반회원 이벤트는 종전처럼 가고, 운영진 사이에서 경쟁을 하는 것이 좋을 것 같다. 운영진 중에 회원을 증원하지 않는 사람은 활동하지 않는 것으로 간주한다 ' 는 의견을 제시하기도 하였다 .
In addition, I publish a number of comments to be urged to respond to the public opinion poll and to publicize the defendant as follows. ○○ on February 22, 2012. It will be 25% of the members on the public opinion poll by means of the general telephone and Kaogle. It will be 0,000, 200, 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00.
A. Examining whether the “examination leader” or “severe service personnel” is a private organization under the Public Official Election Act, first of all, whether the “examination leader” or “severe service personnel” is a private organization under Article 87(2) of the Public Official Election Act, Article 87(2) of the Public Official Election Act is a provision to maintain fairness in election campaign organizations among candidates, to prevent excessive competition and waste due to the difficult establishment of various forms of election campaign organizations, and to prohibit establishment or establishment of a private organization under the above provision refers to any private organization established or established other than a statutory election organization, regardless of its name or claimed purpose (see Supreme Court Decisions 2007Do7902, Mar. 13, 2008; 2002Do455, Jun. 25, 2002).
In light of the above legal principles, in the case of ‘examination leader' or ‘psy service personnel', it is clear that the case constitutes a private organization as provided by Article 87(2) of the Public Official Election Act, since the ‘examination leader' or ‘sy service personnel whose name has been changed' was formed for the election campaign of the defendant, and thus, this part of the argument by the defendant and the defense counsel is rejected.
(1) The formation of the group and the implementation of the formation of the group called ‘infinite examination appearance' is started from the planning and overall supervision of the election campaign by the defendant, who is not the actual chairperson of the group ‘B' or the office leader ‘B'. From September 2010 to the ‘Projects for creating a appearance in the old area' presented to the defendant, ‘A project for creating a appearance in the old area ‘A' has been finite examination and the opening of an online camera. A, apart from whether it is the same type as ‘A' first idea' and ‘the examination appearance â ‘the actual organization' after planning an election campaign at the defendant's order, even though it is possible to establish a group to support the defendant, ‘A' has made efforts to create an election campaign from around March 3, 201 to request the above 'B' group ‘B' and ‘A' to request the above 'Finfinite' and ‘A' to participate in the election campaign.
As above, ‘the chief examiner' or ‘the chief judge' is not a group established voluntarily by the citizens supporting the defendant, but a group established by requesting the people who plan and supervise the defendant's election campaign to the people who reside in the local constituency.
(2) Details of the activity, and election campaign in favor of the defendant
As seen earlier, 'examination leader' or 's members' have been operated mainly with the main activities of increasing members, promoting the defendant and holding regular meetings. The name of the above group was first 'examination leader', but it was changed to 's political color in the above name', but there was no active service activities suitable for the name in the above group even after the change of the name was made. The operation of the above group has increased its members by the method of conducting free events, as well as directly informing the members of the meeting and the cameras. In addition, the number of the members of the above group has increased in the number of members by expressing the "State group," such as the resolution of the operation of the internal meeting of the operating team and the second meeting of the examination team, etc., the number of members has increased, the number of members has been revealed by the resolution of the defendant, and the defendant has been actively present in the election campaign office after the defendant resigned from public office and entered the election campaign office.
In the end, ‘a leader' or ‘a core volunteer' is a private organization that consistently engages in activities consistent with the purpose of establishment from the time when a meeting is formed to actively support the defendant in accordance with the first purpose of establishment, such as a speech made at the meeting of the self-governing council on January 18, 2012.
B. Whether the defendant conspireds to establish the above gathering
Then, examining whether the defendant conspireds in the process of establishing the above gathering, there are two or more co-offenders who are jointly engaged in this crime, not any legal punishment, and there are only two or more co-offenders who intend to jointly process a crime and realize the crime. Thus, even if there was no process of the whole gathering, if there is a combination of intent to realize the crime, it is established a conspiracy, in order or secretly, and even if there was no process of the whole gathering, if there is a combination of intention, it is established a conspiracy, and even if there was a person who did not participate directly in the act of the execution, he is held liable as co-principal for the other co-principal's act (see
28. See Supreme Court Decision 2002Do868, April 27, 2004; Supreme Court Decision 2004Do482, April 27, 2004.
In light of these legal principles, in full view of the following circumstances, the defendant's health team and the above facts of recognition, it can be sufficiently recognized that the defendant conspired with the rest of the defendants to establish the "examination cap" or "satise service personnel" as a private organization for the election campaign of the defendant, so the defendant and the defense counsel's above assertion is not acceptable. (1) The defendant received occasional reports from Gap and the police.
Although the Defendant graduated from the Gu and U.S., the first place of birth at the Gu and U.S., and the Defendant did not frequently visit the Gu and U.S. even after the graduation from high school, there were many difficulties for the Defendant to leave the Gu and U.S., and the Defendant was working in Ansan and Seoul before leaving the public office. Furthermore, the Defendant was on October 2010 when he was on duty before leaving the public office, and was on duty at the Gu and U.S., reported from time to time the preparation status of the Defendant’s election. In particular, the Defendant was aware of the fact that A and U.S. were on duty by reporting the daily situation from the Defendant.
(2) The defendant constantly checked the preparation status of meetings and urged the activities of meetings.
After attending the first meeting on May 14, 201, the Defendant participated in a meeting of 'examination leader' and 'psy service personnel', 'A' after the meeting of 'examination leader', 'A' and 'A' instruct A to monitor the operation status of the 'examination leader' group, 'A' group 'A' group 'A' group 'A' group 'A' group 'A' group 'A' group 'B' group 'A' group 'A' group 'B' group 'B' group 'A' group 'A' group 'B' group 'B' group 'A' group 'B'.
In addition, the defendant attended the meeting to the effect that he will help the members of the meeting in order to help them to join the meeting. The defendant has continuously participated in the meeting activities such as "the early operation of the group" and "the early operation of the group and the members who are members of the group". The defendant continuously occupied the status of preparation for the meeting from the time when the examination leader was formed, and recommended the activities of Gap, Eul, and Byung. (3) The contents of the prosecutor's statement by the prosecutor's office are as follows.
As above, the defendant's behavior before and after this time was established, from the beginning of the police investigation to this court, the defendant made a statement to the effect that "A did not participate in the formation of a review leader meeting", but it does not seem that "A" did not participate in the prosecutor's body in the prosecutor's office that "A" did not know that the suspect was involved in the formation of a review leader meeting, but the defendant did not know that "A" did not answer the prosecutor's body (3658 pages of investigation records)". The defendant did not know that "A" had a similar attitude in the prosecutor's office before attending the meeting actually, "OOO" was in the prosecutor's office, and it was judged that the defendant did not know that I had been aware of the fact that I had prepared to assist the election of ○○○ in the first time before attending the meeting, and that I did not know that I had been aware of the fact that I had been working for the prosecutor's body at the time of the establishment, and that I did not know that I did not know that I had been working for the defendant.
Reasons for sentencing
[Scope of applicable sentences in law]
Fine of 6 million won or less
[Determination of Type] Election Crimes, Violation of Election Campaign Period and Illegal Election Campaign, and Violation of Election Campaign Method (Type 2)
[Special Persons] A planned and organized crime 11]
[Scope of Recommendation Form]
A fine of KRW 1 million to KRW 4 million (in the case of imprisonment, there is a range of recommending punishment for imprisonment, but it is selected to impose a fine, and only the standards for fines shall be considered).
【Determination of Sentence】
- Defendant 1: Fines of 3,00,000 for each of 3,00,000 for each of 2,50,000 for each of 2,50,000 for each of 3,00 for each of 3,00 for each of 3,00
· Defendant-free, Defendant-free: each fine of KRW 1,500,000
○ Common factors for consideration to the Defendants
The reason why the Public Official Election Act prohibits the establishment of private organizations for election campaign is to maintain equity among candidates and prevent excessive competition and waste due to the establishment of various forms of election campaign organizations. If the establishment of private organizations is allowed, it is too clear that the election of the representatives of the citizens will be held in an excessive manner. As such, the public Official Election Act prohibits the establishment of private organizations in order to prevent the possibility of distortion of the public and to realize correct democratic politics based on fair competition. However, even though the Defendants are prohibited from establishing private organizations by creating a private organization as stated in the reasoning and using it in the election campaign for Defendant heart○○○.
Furthermore, considering the method of activity of the above group, it is difficult to say that the method of activity is sound in that it takes a gift from time to time by means of increasing its members, and as a result, it is difficult to say that the method of activity is a behavior of contribution in that it provides a person who attends a regular meeting with stolen goods.
In addition, the number of members of the above gathering and the number of members residing in the Si/Gu, which is the constituency of Defendant 1 ○○○, exceeds 500. In light of the fact that the Defendant, at the candidate candidate candidate candidate candidate candidate candidate candidate candidate candidate candidate candidate party, failed to participate in the public opinion poll due to minor differences in the public opinion poll but won by receiving additional points in science and engineering, these membership size is on the election of National Assembly members and in particular on the competition candidate candidate candidate candidate candidate election.
It is judged that significant influence has reached.
In light of these, it is determined that the Defendants should be punished strictly. However, the Defendants should be punished in full view of the motive, circumstances, and the Defendants’ criminal records of committing the instant crime.
In addition to the above reasons for consideration, Defendant 1 had been preparing an election campaign through Defendant A while in the case of Defendant 1’s heart, the Korea Industrial Technology Institute, and the Ministry of Knowledge Economy in the case of Defendant 2, and in particular, Defendant A, who is in the position of vice president at the time of working in the Korea Industrial Technology Institute, has been receiving from time to time a report on an election campaign for private matters from Defendant A, who works for the same researcher, and Defendant was involved in the formation of “the examination mother”, but it is evident that Defendant was denying criminal facts from an investigative agency to this court. However, it is considered as an unfavorable sentencing factor against Defendant 1.
However, it appears that Defendant 1, who had grown in a difficult family environment, graduated from a high school in the old and passed the time of technical high school until the crime of this case was committed in good faith without any criminal records. The Defendant appears to have been partly attributable to the misunderstanding or lack of understanding on the Public Official Election Act. Considering the circumstances favorable to the Defendant, the Defendant’s punishment against Defendant 2, 3,00,000 won shall be determined in consideration of all the sentencing conditions, including the Defendant’s age, motive for the crime, and circumstances after the crime.
Defendant A planned to carry out an election campaign by Defendant 1 from the time when Defendant 1 ○○○’s heart decided the election campaign to the end of the election period to the end of the election period, and played the most leading role in committing the crime in the judgment. In particular, Defendant A prepared an election campaign by Defendant 1, while working as a researcher in extraordinary civil service in the Korea Institute from October 1, 2010 to the immediately preceding election of National Assembly members, with considerable time, while working as a researcher in extraordinary civil service in the Korea Institute of Industrial Technology from October 1, 2010, and even before the election of National Assembly members, Defendant A consistently prepared an election campaign by Defendant 1 until the presentation of clear material evidence.
However, in this court, the punishment against the defendant Gap shall be imposed by a fine of 3,00,000, in consideration of the defendant Gap's age, character and conduct, environment, equity with the defendant's heart, etc.
In light of the fact that Defendant B, C, Defendant C, Defendant C, Defendant C, or Defendant C, and Defendant C, as the president or office leader of the meeting, performed an important role in the early stage of the establishment of the meeting, Defendant C, Defendant C, and Defendant C, as the high school colon of Defendant C, and Defendant C, were also supporting the establishment of the above meeting. In particular, Defendant C, as a general manager of the election campaign preparation for the first half of the election campaign at Defendant C, Defendant C, and Defendant C requested that the two parties form a meeting, taking into account the following factors: (a) the nature of the Defendants’ crime is considerably heavy.
However, the above defendants are divided into their criminal acts in this court, and there is no record of punishment for the same crime, Defendant 20, and Defendant 1's non-indicted 2,50,000 won in consideration of the following factors: the degree of participation in and responsibility for the crime is relatively minor; Defendant 2 appears to have been engaged in relatively passive activities after the establishment of a camera; and the above defendants' punishment against the above defendants is set at 2,50,000 won in consideration of all the sentencing conditions, such as the age, character and conduct of the above defendants, and circumstances after the crime.
○ Defendantless, Defendant 1
Defendant Non-indicted 1 and 3 also play a role in the general affairs of the above group and the operation of the group. Although it is recognized that they actively participated in the group, the degree of participation is relatively minor compared to the above fin defendants, the defendants are divided into the defendants, there is no criminal history of the same kind, and the above defendants' punishment shall be determined by each fine of KRW 1,50,000 in consideration of all the sentencing conditions, including the age, character and conduct of the above defendants, and circumstances after the crime.
It is so decided as per Disposition for the above reasons.
Judges Suh Jeong-hee et al.
Judges Park Jong-young
Judges Park Jong-chul
1) As a result of the public opinion poll, the science and engineering premium rate may be set up in accordance with the principles of competition within the Party at the time of the new Onnuri Party.
20% of the 20% of the 20th success in competition candidates.
2) Investigation records 290 to 2994
3) On February 25, 2011, the fourth minutes of the 2030 Litch tank 4rd minutes, “2030 Litch tank belongs to the public relations team and is organized by the team members.
At present, the position is only our team, and one of the six teams is described as "as soon as he/she has a self-esteem and act." (Investigation Records 716).
) In addition, Nowon-gu which participated in the 2030 water tank is an election for the election of the member of the National Assembly at the ○○○○ in 2030 water tank at the prosecution.
Among Dong-dong, he responded to ‘N' to ‘N' to the prosecutor ‘a summary' (the investigation record 3145 pages).
4) Litch tank 2030 appears to have held at least six meetings until April 201, and Party A appears to have held Kimx, No. 30 March 30, 2011.
together with the Korea Institute of Industrial Technology at the time that the defendant visited the Korea Institute of Industrial Technology at the time and vice versa for the defendant
The meeting on the method was held (the investigation records 3239 pages).
5) If Party A becomes aware of any event, etc., “A” shall report the thickness of the President, such as “(Investigation Records 3028 pages)” (Investigation Records 3028 pages).
The president has frequently discovered a merto the purport that "the President shall report the thickness of the President" with respect to matters concerning the overall movement situation.
6) In the case of the "Seeeecdong Conference" conducted after the first meeting on May 25, 2011, the appearance of the examination leader to make an online car page of the examination leader.
It was discussed that ‘to ask questions on the front line' was discussed.
7) Byung plays a leading role in creating a first meeting of "A" or "A" upon request by the Gyeong, but Eul;
For reasons such as regional association, personal character, etc., Eul, who is a succeeding soldier, was responsible for the chairperson of the group.
8) Investigation records 1574~1575 pages.
19) The summary of the prosecutor’s statement that ○○ in the Prosecutor’s Office told ○○ that she would help him/her/herself in the Resolution Meeting is the “Is the Prosecutor’s statement.”
the investigation records (3569 pages 3569).
10) At the time of the first step, at the entrance parking lots at the production of the first step, the amount of “to the upper end,” “to the lower end,” and “to the lower end, to the new wish of the Gu.”
on 30 October 201, 201, the first meeting of the people who make such persons: a natural recreation forest for production; a parking lot for a natural recreation forest; a heart;
A banner stating 's 'Saman' was posted, and (51 pages photographs of investigation records).
11) In light of the fact that the crime of this case is "establishment of a private organization" for the election campaign by Defendant 1, 200, public service as in this case.
In the event of a violation of Article 87(2) of the Election Act, the term "a systematic crime" is inevitably included in the concept of "a systematic crime".
There may be a question as to whether or not it is not. However, in the sentencing guidelines, many people share the role of "B" in terms of planned and organized crimes.
The term "in the event of organized crime" is defined as "in the event of "a group of examiners" or "a group of core volunteers", and a group of individuals or minorities;
It is not established by preparing and preparing for a long period of time, but multiple defendants of this case have prepared to share roles.
As such, the Defendants of this case shall be subject to the application of the special person who is in a planned and organized crime.