Defendant

Defendant

Kim Jong-tae

Law Firm Jeongam, Attorney Lee Jin-hun

Seoul Eastern District Court Decision 2006Gohap178 Delivered on July 26, 2006

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

In light of various sentencing conditions, such as the fact that it is difficult to see that the Defendant’s line of delivery is planned, that the relationship between the Nonindicted Party and the electorate who received money is not significant, that this case does not seem to have an influence on the election of the Defendant, and that the Defendant has no same criminal record, etc., the sentencing of the lower court, which sentenced the Defendant to the invalidation of election, is too unreasonable.

2. Determination

On May 31, 2006, the Defendant: (a) obtained information that the residents of Yyang-dong who are located in his constituency in front of the fourth-time local election on May 31, 2006, and (b) delivered bags containing KRW 100,00 as a tourism bus driver upon the request that the electors and the non-indicteds who are related to the electorate publicize themselves; and (c) in consideration of the behavior of the candidate himself and the time and situation of the delivery, the Defendant’s act is highly likely to be subject to criticism as a typical contribution act prohibited under the Public Official Election Act. Thus, the instant crime is a contribution act that is contrary to the purpose of legislation of the Public Official Election Act, as stated by the lower court, and it is necessary to strictly punish him without relation to the amount and frequency of provision, and thus, the lower court’s judgment that sentenced the Defendant to the invalidation of election is unreasonable. Therefore, the Defendant’s appeal is without merit.

3. Conclusion

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Lee Jae-hwan (Presiding Judge) Kim Jong-ho