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(영문) 부산지방법원 2006.7.4.선고 2006고합241 판결

공직선거법위반

Cases

206Gohap241 Violation of the Public Official Election Act

Defendant

Park 00 (Omission of Resident Registration Numbers) and Busan 00 Gu Council members.

Residence omitted

Permanent address omitted

Defense Counsel

Attorney △△△ (Korean Office)

Imposition of Judgment

July 4, 2006

Text

Defendant shall be punished by a fine of KRW 800,000. Where the Defendant does not pay the above fine, the Defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

Reasons

Criminal facts

The defendant is a person who is a cause of the Busan 00 Gu Council and is scheduled to leave the fourth simultaneous local election held on May 31, 2006 to the Busan 00 '0 '0 '0 '0' constituency'. On January 25, 2006, the Busan 'Council's amendment of the Ordinance to the former small constituency system to the middle constituency system, and the defendant transferred the bill to the defendant.

선거에서 출마한 선거구인 004동을 비롯하여 ⑦75동, ☆☆4동, ☆☆6동을 합쳐 부산 00구 ‘0’ 선거구로 획정하였는데, 동 조례안은 같은 해 2. 26.부터 발효되기 때문에 발효일 이전에는 004동 이외의 구역에는 의정보고서를 배부할 수 없는바, 누구든지 선거일 전 180일부터 선거일까지 선거에 영향을 미치게 하기 위하여 공직선거법의 규정에 의하지 아니하고는 후보자를 지지하는 문서를 배부할 수 없음에도, 2006. 2. 16. 부산 00구 ⑦⑦5동 일대에서, 피고인의 업적을 홍보하기 위한 ‘열심히 일할 사람 젊은 일꾼! 00구의 미래를 함께 하겠습니다'라는 제목의 의정보고서 299부를 배포하여, 탈법방법에 의해 문서를 배부한 것이다.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police on the error0, Kim00, and Kim XX

1. Descriptions of the wholly amended Municipal Ordinance for the Fixed Number of Members by constituency, for public relations brochures, for the election districts of members of the Busan Metropolitan City/Gun Council, and for the general search of bills;

Application of Statutes

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

Article 255(2)5 and Article 93(1) of the Public Official Election Act (Selection of Fines)

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

Article 111 (1) of the Public Official Election Act provides that the elector in the newly incorporated election zone due to the change of the election zone may report parliamentary activities. In this case, the defendant distributed parliamentary reports to the elector in the election zone to be newly incorporated 10 days prior to the enforcement date because the defendant failed to verify the enforcement period of the above Ordinance properly, and thus, the nature of the crime does not seem to be too serious in light of the motive and circumstances of the crime. The defendant does not have the previous and the sentence, and the defendant is discompeting and opposing his mistake at present, and all other factors that form the basis for the sentencing specified in the record, such as the defendant's age, character and conduct, and environment.

Judges

The presiding judge, the deputy judge;

Judges Kim Gin-soo

Name of judge Class;