2020Gohap138 Violation of the Public Official Election Act

Unauthorized political parties (one another) and 63.N.R.

Gyeongnam-si, Gyeongnam-si

Kim Jong-sung (Lawsuit) and Kim Jong-woo (Trial)

Attorney Go* (Korean National Assembly)

August 21, 2020

Defendant shall be punished by a fine of KRW 900,000. If the Defendant fails to pay the above fine, the Defendant shall be confined in a workhouse for a period of one hundred thousand won converted from one day.

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

Criminal facts

On January 20, 2020, the Defendant registered as a preliminary candidate for the A election district A in Yangsan-si on January 20, 2020, but did not register a candidate.

A person who intends to be a candidate shall not make a contribution to a person in the relevant constituency or an institution, organization, or facility, or a person having relations with the electorate even if it is outside the relevant constituency, or an institution, organization, or facility.

Nevertheless, on December 20, 2019, the Defendant posted a letter to the effect that, on or around December 20, 2019, the Defendant recruited 13 persons who will attend a rally for the formation of a central party of ○○○○○ Party opened at its National Assembly Assembly members' hall. On January 5, 2020, at around 08:00, the Defendant provided three electorates, including one electorate, two electorates, Kim Jong-gu, and four electorates, who have a relationship with the electorate (one another), on a chartered bus prepared in advance on the street 250-ro, Seosan-si, Yangsan-si, and four electorates (one another), including one electorate, two electorates, two hundreds, two wals, two wals, and two wals (one another), and provided Seoul with food, such as drinking rice, rice, wallon, two wals, and two wals.

As a result, the defendant provided transportation and food [(700,00 won for chartered bus + 115,200 won for expenses such as food + 115,200 won) x 7/14 (total of electors, etc.)] to the electorates and electorates residing in the constituency A in Yangsan-si and those who have a relation with the electorates.

Summary of Evidence

(Omission)

Application of Statutes

1. Article applicable to criminal facts;

Articles 257(1)1 and 113(1)(generally referred to as 1) of the Public Official Election Act

1. Selection of punishment;

Selection of Fines

1. Detention in a workhouse;

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

1. Order of provisional payment;

Whether a person is the other party to a contribution act provided for in Article 334(1) of the Public Official Election Act(Public Official Election Act), Article 113(1) of the Public Official Election Act(Public Official Election Act),

1. Summary of the defendant and his defense counsel's assertion

Of the facts charged in the instant case, there is no person who is related with the electorate, the head of the household, the head of the household, the head of the household, the head of the Gu, the head of the Gu, the head of the Gu, and the head of the Gu.

2. Determination

A. Article 113(1) of the Public Official Election Act prohibits an act of donation to a person who is outside the relevant constituency and who is related with the electorate even if such person is outside the relevant constituency. Here, the term "person who is related with the elector" means a person who has a certain blood-related relationship with the elector in question, such as his/her family, relative, family, family, relative, workplace, person who is in a superior position, or native folks society, and is likely to have any direct or indirect influence on the decision-making of the elector, regardless of the reason for making such relation (see, e.g., Supreme Court Decision 2006Do7087, Dec. 21, 2006).

B. The following circumstances, i.e., gambling, which are acknowledged by the evidence as mentioned in the above legal principles, were revealed to the effect that the investigative agency participated in the rally for the formation of the central party of ○○○ repair party upon the request of Kim Jong-gu ginseng (Evidence records 220, 221, No. 213, No. 213, No. 213, No. 220, No. 2213, No. 213, No. 213), the above Kim-gu, which is the electorate in the election district of Yangsan-si, was known to the electorate in the investigative agency (Evidence No. 342, No. 342, No. 342, No. 120, No. 120, No. 120, No. 220, No. 120, No. 5588, Dec. 2, 19, 200).

1. Reasons for sentencing: 50,000 won to KRW 10,000,000;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Violation of Prohibition and Restriction on Contribution Act / [Class 1] Reduction element of Contribution Act : Where money and valuables provided or benefits are extremely minor, an aggravated element: A previous conviction (including fine):

[Recommendation Area and Scope of Recommendations] Reduction Area, Fine of 500,000 to 3 million won

3. Determination of sentence: Fines of KRW 900,000;

On the other hand, the crime of this case is committed by the defendant in front of the election of the 21st National Assembly member and by providing the electorates with transportation means equivalent to 407,600 won in total to ensure the fairness and transparency of the election. In order to ensure the fairness and transparency of the election, it is necessary to strictly punish the act of donation in light of the legislative intent of the Public Official Election Act that strictly limits the act of donation, and it is disadvantageous to the defendant.

On the other hand, however, the fact that the defendant generally shows the attitude of recognizing and opposing the crime of this case, the profits provided by the defendant are not significant, and the defendant did not register as a candidate for the 21st National Assembly member, and it is difficult to deem that the defendant's act had an effect on the election as a result, etc. are favorable to the defendant. In addition, the defendant's age, character and behavior, environment, motive for the crime, circumstances after the crime, etc.

The presiding judge, judge, Dong-gu

Judges Nam-tae et al

Judges Han Young-young

1) In accordance with the purport of Supreme Court Decision 2005Do2014 Decided September 9, 2005, it determined that the whole amount of profit was a blanket crime.