2016Gohap43 Violation of the Public Official Election Act

1.A

2.B

Freeboard (prosecution), teared (Public Trial)

Attorney C (Defendant A)

Attorney D (Defendant B, Defendant B, Korea)

July 5, 2016

July 19, 2016

Defendants shall be punished by a fine of KRW 800,000.

When the defendants fail to pay the above fine, the period of 100,000 won converted into one day shall be avoided.

The custody of senior citizens in a workhouse.

Criminal History Office

【Personal Information of Defendant】

Defendant A is a member of the E Political Party that has served as the vice-chairperson of the Gangwon-do Committee for Working of Party Parties and supported the F registered as a preliminary candidate for the E Political Party in the election of the 20th National Assembly member in Chuncheon City.

Defendant B, while serving as the representative of the Gwon Headquarters, a welfare organization, was a person who supported F in the election of the 20th National Assembly member in the middle school of F of the above preliminary candidate.

【Criminal Facts】

1. Violation of the Public Official Election Act due to advance election campaigns;

Except as otherwise expressly provided for in the Public Official Election Act, no election campaign shall be carried out by a campaign speech meeting, debate meeting, native folks meeting, alumni meeting, neighbors' meeting, other meetings, information and communications, the establishment of an election campaign organization or private organization, door-to-door visit and other methods prior to the election campaign period.

On February 19, 2016, around 15:00 on 15:0, Defendant B proposed that Defendant A “I want to find out young people who can engage in election campaigns for F candidates.” Accordingly, Defendant A requested that Defendant A contact with theJ, which was known to ordinary people on February 20, 2016, and that “I need to find out about the need of young people who can engage in election campaigns,” and had theJ gather their friendship.

Accordingly, Defendant B, at around 12:00 on February 26, 2016, called “L” restaurant located in Chuncheon-si, Chuncheon-si, and 12 persons, including J, arrive at the same place, provided a preliminary candidate F with an opportunity to contact with the Defendant A, thereby having a preliminary candidate F attend a meeting to see her reputation, and requested the said 12 persons to participate in an election campaign for preliminary candidate F.

As a result, the Defendants conspired to carry out an election campaign for preliminary candidate F in a manner not provided for in the Public Official Election Act prior to the election campaign period with respect to the election for the 20th National Assembly members.

2. Violation of the Public Official Election Act due to contributions;

No one shall act as a candidate (including a person who intends to become a candidate) in connection with an election.

The Defendants conspired to engage in an election campaign in which 12 persons such as J et al. request support from Preliminary Candidates F as the date, time, place, and description mentioned in the preceding paragraph, and 12 persons such as J et al. paid an amount equivalent to the sum of KRW 147,00,000, such as the clibbal clibs.

As a result, the Defendants conspired to make contributions for preliminary candidates F to become candidates for the Chuncheon election district in relation to the election of the 20th National Assembly members.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of M;

1. Each letter of confirmation against J, N,O, P, Q, R, S, T, U, and V, and written answer to W;

1. Each text message, each of the F candidates, Kakao message, and each of the name cards;

Application of Statutes

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

Defendants: Articles 257(1)1 and 115 of the Public Official Election Act; Article 30 of the Criminal Act; Article 254(2) of the Public Official Election Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act; Selection of each fine;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in a crime of violating the Public Official Election Act due to a violation of a restriction on an act of contribution heavier than punishment, and the maximum amount of punishment shall be the maximum amount of punishment)

1. Detention in a workhouse;

Defendants: Articles 70(1) and 69(2) of the Criminal Act

Reasons for sentencing

1. The scope of punishment by law;

Defendants: A fine not exceeding 14 million won

2. Application of the sentencing criteria (the same defendant);

(a) Basic crimes: Violation of the Public Official Election Act due to violation of restriction on contributions;

【Determination of Punishment】

Violation of prohibition of or restriction on contribution to an election (contribution) in the first category.

【Special Convicted Persons】

- Mitigation elements

Where money, valuables or benefits provided are extremely insignificant;

【Scope of Recommendation】

Reduction Sphere (500,000 won to three million won)

(b) Concurrent crimes: Violation of the Public Official Election Act by an advance election campaign;

【Determination of Punishment】

Type 1 (Violation of Election Campaign Period) for an election campaign in violation of the election campaign period.

【Special Convicted Persons】

- Mitigation elements

Where the perception of illegality is significantly weak;

【Scope of Recommendation】

Reduction Area (300,000 won to 900,000 won)

(c) The result of the aggravation of multiple crimes (the first crime maximum + the second crime maximum 1/2): 500,000 won to 3450,000 won;

3. Determination of sentence;

Public Official Election Act provides that the methods and timing of election campaigns shall be strictly restricted in order to ensure that elections are held fairly in accordance with the free will of the people and democratic procedures, and the punishment shall be imposed in cases of violations thereof. In light of the purport of such laws, the acts of the accused are not good.

However, it is difficult to view that the Defendants’ act was of high punishment because there are many students who do not have voting rights at the time. The Defendants did not have any same criminal record, and Defendant B did not have any record of punishment other than those sentenced to a fine in violation of the Act on the Establishment of the Military Reserve Forces in 1999, etc., with regard to the circumstances favorable to the Defendants, such as the defendants’ age, character and behavior, family environment, motive and circumstance leading to the crime, and circumstances before and after the crime, etc., as well as various sentencing conditions in the instant sentencing guidelines as seen earlier, such as the sentencing conditions in the instant case, including the following: (a) the method of prior election campaign and the amount of the contribution act; and (b) there are many students who do not have voting rights at the time; and (c) the Defendants’ act did not have any other record of punishment.

Nowon-gu (Presiding Judge)

Maap Young-young

For static purposes