206Gohap294 Violation of the Public Official Election Act

○○ (1948 Life, Male, Agriculture)

Housing Naju City

Kim Yoon-Jon

September 20, 2006

Defendant shall be punished by a fine of KRW 700,000.

Defendant who converted 50,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

Facts of crime

The Defendant is the president of a meeting called ○○○○○○○○○○, a resident within the jurisdiction of ○○○○○○○○○○○○, and the Defendant could not hold an assembly before the election campaign period to carry out an election campaign or have another person carry out an election campaign, and the Defendant could not make a contribution for the candidate or the political party to

Members on April 25, 2006, 19:00 and members on the Korean-style page called 'OOO' in ○○○○○○○-si on April 25, 2006.

In the presence of 130 general persons, a member of the National Assembly, who is the chairman of the ○○○ local committee per ○○-party, shall be invited.

On May 31, 200, when holding a meeting of the above ○○○, he introduced the OO market candidate Kim○○, Jeonnam-do candidate Lee, ○○○○, ○○○○○, and Kim○○○, and ○○○○○, which was going out after being offered by ○○○○○, in the 4th nationwide local elections, on May 31, 200, to make the above candidates appeal for support, and on May 31, 200, etc.

An election campaign period by offering meals equivalent to KRW 575,000 to participants after making a statement; and

by holding an assembly to carry out an election campaign, and the candidate and the political party to which he belongs, ○.

A contribution act was made for ○○ party.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Entry of each protocol of interrogation of suspect about ○○○ and ○○○ in a prosecution room;

1. Each statement written by each prosecutor on the high-○○○, Seo-○, Han-○, Kim○, and Kim○-○;

1. Each statement of questions and answers on ○○○, ○○○, ○○○, ○○○, and ○○○, respectively;

1. Each written confirmation of Kim○-○, Park○-○, and Kim○-○;

1. Results of surveys on attendance at OO, etc. of witnesses' gambling, telephone communications report on reference witnesses' telephone communications, and Kim ○○;

Report, attachment report of a copy of the statement of witness, and each entry of the submitted video tape viewing report.

1. Recording notes and each entry of the minutes of a meeting of ○○○○○;

Application of Statutes

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

Article 254(2)3 of the Public Official Election Act (the violation of an election campaign period, the selection of fines), Article 257

paragraph 1(1)1, Article 115 (Notice of Violation of Restriction on Contribution 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.

2. Aggravation of concurrent crimes (the aggregate of the maximum amounts of the above two crimes) prescribed in the Public Official Election Act

[Extent]

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

It is so decided as per Disposition for the above reasons.

Kim Jae-young (Presiding Judge)

Park Jae-in

Maternus