2012 Highis 928 Violation of the Public Official Election Act

Ma00, Professors

Residential Busan District

Original domicile Busan Jin-gu

Kim Dong-dong (prosecutions) and new training (public trial)

January 11, 2013

Defendant shall be punished by a fine of 2,00,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

The defendant is a person who has followed the lecture of ‘salong sports' at ○ University and ‘salong sports' at 00 universities.

No person shall carry out or have another person carry out an election campaign using any occupational act in an educational, religious or professional institution, organization, etc. within the organization.

In relation to the 19th National Assembly election carried out on April 11, 2012, the Defendant thought that the students who participated in the Defendant's lecture were mobilized to carry out an election campaign for the purpose of the 19th National Assembly election against the 19th National Assembly member, which was going to the 00 candidate for the ○○○○ Party.

On April 3, 2012, the Defendant, through the students selected from ○○ University, located in ○○ University, located in ○○○○○○dong-gu, Busan, issued a message with approximately 100 students from ○○○○ Sports Center 000 to 100 students, who will be allowed to attend the class when he/she applied for a candidate in 000, and then entered a message with 100 candidates' assistance to ○○○ University, which will be allowed to be handled as attending the class. On April 7, 2012 or April 8 or 10, 200 each of 17:0,000 to ○○○ University Kim Jong-dong, which was scheduled to be located in ○○○○○ University-dong, Busan, would exempt the male students from submitting an election tax item.

Accordingly, the students who received the direction from the defendant left the supporting comments on the Facebook of the Kim○○ candidate, and left 60 students who received the direction from the defendant. In addition, on April 7, 2012, 17:00 to 18:00 on April 7, 2012, the 60 students who received the direction from the defendant were at the election site of Kim○-dong, which was located on the way near the Kim○-dong in Busan Northern-dong, for Kim○-○, and her singing.

It has been due.

As above, the Defendant had the students of 'port' participate in an election campaign from April 3, 2012 to April 5, 2012, including having the students of 'sports', and had all students of 'sports conduct an election campaign six times from April 3, 2012 to April 5, 2012, and had them participate in an election campaign by taking advantage of an official act within an educational organization.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of the witness ○○○ and Kim○○○;

1. Each police protocol on Kim○-○, Lee○-○, Lee○-○, Lee○-○, Lee○-○, Kim○-○, and Park○-○;

1. A written accusation;

1. The screen of a photograph of text messages, a picture of Facebook North Korean comments, a picture of inquiry into a lecture plan, each photograph, and a photograph of screen pictures;

1. Application of Acts and subordinate statutes to an investigation report (to attach a list of students on the ○○○ Sports and ○○ University's Symnasium and sports);

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

Articles 255(1)9 and 85(2) of the Public Official Election Act (Selection of Fines)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the severe penalty for concurrent crimes prescribed in the Public Official Election Act around April 16, 2012)

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

[Scope of applicable penalty] Fine of KRW 50,000 to KRW 9 million

[Determination of Punishment] Each election crime, illegal election campaign in violation of the election campaign period, and the special aggravation of Type 2 (Violation of Method of Election Campaign) [Special Aggravation]: Cases of committing a crime using social status or influence.

[Scope of Recommendation] Fine of 1 million won to 4 million won (Aggravation)

[Scope of modified Recommendations] 100,000 won of fine - approximately 7,330,00 won [ around 16:0 on April 5, 2012, 2012, KRW 4 million of a fine) for the crime of violating the Public Official Election Act at around 11:00 on April 5, 2012, 1/2 (attached Table 4 No. 2 million of a fine) and the crime of violating the Public Official Election Act at around 11:00 on April 5, 2012 (No. 5 of the crime list No. 1330,00)]

[Determination of Sentence] The crime of this case by a fine of 2 million won was committed by the defendant using the status as a university lecturer and promising the students who hear his course to be present or to be exempted from the task, etc., and allowing the above students to carry out election campaigns by requiring the above students to carry out supporting comments or participate in the election campaign by allowing them to participate in the Facebook of a National Assembly member supported by the above defendant. In light of the legislative intent of the Public Official Election Act, the nature of the crime is very poor, the number of students who hear lectures was the majority, and it is difficult to readily conclude that the crime of this case was not affected by the above candidate's interview or participation in the election campaign.

However, it is decided as per Disposition in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., that the defendant is against the defendant's wrong judgment, there is no record of criminal punishment, and that each crime of this case appears to lose teaching staff.

The presiding judge and the judge;

Judges Unauthorizedd Judge

Judges or commercialia