206Gohap242 Violation of the Public Official Election Act

Park○-○ (resident registration number omitted), the previous Busan Busan Metropolitan Council member

Residence omitted

Permanent address omitted

○

Law Firm △△ (Law Firm △○○○)

July 11, 2006

Defendant shall be punished by a fine of KRW 1,200,000. Where 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.

Criminal facts

피고인은 부산 ☆☆☆구의회 의원으로서 제4회 동시지방선거에 출마하여 낙선한 자인바, 누구든지 선거일전 180일부터 선거일까지 선거에 영향을 미치게 하기 위하여 공직선거법의 규정에 의하지 아니하고 후보자가 되려고 하는 자의 성명을 나타내는 인사장 등을 배부할 수 없음에도 불구하고, 2005.12.30. 부산 ◇◇구 ▷▷동에 있는 ▤▤대학 학내우체국에서, ♤♤♤을 통하여 '성탄과 새해를 맞이하여 지난해 보살펴주신 후의에 감사를 드립니다. 건강과 행운이 늘 함께 하시기를. 구의원 박○○ 올림. 淸心(청심)을 잊지 않겠습니다' 라고 기재된 연하장을 선거구민인 @@@, ### 등 334명에게 송부하여 탈법방법으로 후보자가 되려고 하는 자의 성명을 나타내는 문서를 배부한 것이다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning the shock;

1. @@@의 진술서의 기재

1. Each entry in a ledger for the receipt of smoke bags and domestic ordinary postal items;

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. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

The crime of this case where the defendant, who was a member of the Busan Metropolitan Council, who was scheduled to leave the fourth simultaneous local election, as a member of the Busan Metropolitan City 【Si-Gun Council, was engaged in an illegal election campaign by sending a vacation to many unspecified voters who reach 334 persons, obstructs fair competition among the candidates. Thus, in light of the legislative intent of the Public Official Election Act, which is intended to realize democratic politics by ensuring that elections are held fairly in accordance with the free will of the people and democratic procedures, and preventing any malpractice related to the election, the crime is not less complicated, and the defendant was sentenced to a fine of KRW 80,000 on July 2, 2004 and was sentenced to a fine of KRW 80,000 due to the violation of the Public Official Election and Prevention of Unlawful Election Act at the Busan District Court on July 10, 200 and was punished, and again commits the crime of this case on the 10th of the same month, notwithstanding the fact that the judgment became final and conclusive, the defendant's age, character, environment, motive, circumstances, and circumstances after the crime, etc.

The presiding judge, the deputy judge;

Judges Kim Gin-soo

Name of judge Class;