Cases
206Gohap231 Violation of the Public Official Election Act
Defendant
1. Speaker of the Park○○ (0000 - 000000) and the Busan XY Gu Council;
Residence omitted
Permanent address omitted
2. ○○○ (0000 - 000000) and non-permanent office
Residence omitted
Permanent address omitted
3. △△△△ (0000 - 000000) and ○○ commercial employees.
Residence omitted
Permanent address omitted
Prosecutor
○ ○
Imposition of Judgment
June 27, 2006
Text
Defendant Park ○ shall be punished by a fine of KRW 1,00,00, and KRW 800 by a fine of KRW 00,000, and KRW 500 by a fine of KRW 1,00,00, and KRW 500 by a fine of KRW 1,00.
In the event that the Defendants did not pay each of the above fines, the Defendants shall be confined in each of the Labor House for a period of 50,000 won converted into one day.
Seized 217 No. 217 (No. 1) shall be forfeited from Defendant Gab○○.
Reasons
Criminal History Office
As the chairman of the Busan XY Gu Council, Defendant Park ○, who was registered as a preliminary candidate from Busan XY-gu Council member without charge at the fourth simultaneous local election, Defendant Lee ○○○, Defendant Park ○○’s election campaign manager, and Defendant △△△△△△ was the cause of the company. In order to have an influence on the election from 180 days before the election day to the election day, no one may distribute, post, distribute, screen, or post printed matters, etc. indicating the candidate’s name, and exceptionally, only one person designated by the preliminary candidate from among the accompanying persons and only the spouse of the preliminary candidate may directly carry out the name, photograph, academic background, career, and other matters necessary for publicity of the preliminary candidate for the election campaign. However, the Defendants conspired with each other.
On March 23, 2006: from 00 to 15:00 on the same day, 3 units of the above apartment including 000 dong 000 dong and 0000 dong-dong in Busan XY-dong, are returned to 3 units of the above apartment, and approximately 250 dong-dongs indicating the name, photograph, contact number, history, etc. of the defendant Park ○○○, put in the door of each household, and distribute printed materials indicating the name, etc. of the candidate from 180 days before the election day to the election day.
Summary of Evidence
1. Defendants’ legal statement
1. Statement made by the police on ○○○;
1. Entry into the protocol of seizure;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Comprehensively, Article 255(2)5 and Article 93(1) of the Public Official Election Act, Article 30 of the Criminal Act (Selection of Each Fines)
1. Detention in a workhouse;
Articles 70 and 69(2) of the Criminal Act
1. Confiscation;
Defendant Park ○: Article 48(1)1 of the Criminal Act
The crime of this case in the reason for sentencing cannot be deemed to be somewhat weak for an illegal election campaign contrary to the Public Official Election Act, which aims to contribute to the development of democratic politics, by ensuring that the election is held fairly in accordance with the free will of the people and democratic procedures, and by preventing any malpractice related to the election. As to Defendant Park ○, who is the president of the present Busan XY Gu Council, is in the leading position of the crime of this case, the punishment for restricting eligibility for election shall be imposed, and as to the rest of the defendants, the punishment as ordered shall be determined in consideration of the situation and degree of participation, and the circumstances after it, etc.
Judges
Justices Kim Tae-tae