The case holding that the act of complying with a request for an interview of a local newspaper cannot be subject to the punishment for an advance election campaign;

Defendant (the elected of a local council member) is merely an ordinary news gathering organized by a local newspaper organized by a local council member prior to the election period for the local council member, and an article about his/her social activity experience, his/her opinion on the local government system, and the expression of his/her plenary intent, etc. to complete the news in passive response to his/her news reports, and even though he/she was somewhat assisted in the election of the local council member or the Defendant was aware of it at the time of the interview, it is merely a benefit obtained from a newspaper newspaper’s news report to a certain extent, and thus cannot be held liable for an advance election campaign against the Defendant.

Articles 38, 39, and 64 of the Act on the Promotion of Local Council Members;

Defendant

A defendant shall be punished by a fine of 500,000 won.

When a fine is not paid, the accused shall be confined in the old house for the period converted by 10,000 won into one day.

Seized 67 copies (No. 1) of calendars shall be confiscated.

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

Of the facts charged in the instant case, the prior election campaign of the first and second police officer on January 1, 1991 shall be acquitted.

Judgment on guilty

On March 26, 1991, the defendant was elected after having registered as a candidate on the 8th day of the same month in the first Eup election district in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the local council members of the Si/Gun, which took effect on March 26, 1991. On the first day of December 1990, the defendant requested a printing office located in Seoul to describe his photograph, summary, etc., the defendant's photograph, etc. was produced with the phrase "the defendant living together with the Gun residents of Thai-gun" amounting to 5,50,000 won which was printed at the bottom, and then stored about 200 among them in the (name omitted) store of the defendant's management located in the first Eup/Myeon, and distributed his name, name, and distributed it to the electorate and carried out an election campaign other than the period for election campaign.

1. Statement that conforms to the facts stated in the court by the defendant;

1. The present evidence of seizure under subparagraph 1;

1. Relevant provisions of punishment for the conduct of judgment;

Article 180 (1) 1, Article 39 (Selection of Fine), Article 167 (1) 1, and Article 32 (Selection of Fine) of the former Local Council Members Act (Law No. 4005), Article 167 (1) 1, and Article 32 (Selection of Fine)

2. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

3. Confiscation;

Article 48, Paragraph (1) 1 of the Criminal Act

4. Order of provisional payment;

Article 334 of the Criminal Procedure Act

Judgment on the acquittal

Of the facts charged in this case against the defendant, the summary of the prior election campaign at the time of January 1, 1991 is that the defendant posted an article that was reported as qualified for the defendant such as the defendant's social activity experience, the distribution of about 5,000 newspapers to Taean-gun Gun, etc. around that time by distributing about 14:00 newspapers to Taean-gun Gun, etc. as a qualified member of the National Assembly in addition to the election campaign period, in response to Nonindicted 1's interview at the newspaper office located at around 14:0 of January 191, 191, which was located in the newspaper office located at around 14:0.

Therefore, comprehensively taking account of the statements made by the defendant from the public prosecutor's office to this court, the non-indicted 1's prosecutor's office and the statement in the newspaper No. 2 (g) in this court, the newspaper company was established on May 10, 1990 and about 5,30 copies of the newspaper No. 12, and decided to newly establish a newspaper No. 1 in order to offer a large number of volunteer activities in the solar region since 191, or to offer visitors who are fluorant in the economic and sports community. At the above newspaper No. 1, the newspaper No. 4 was first established in the newspaper No. 5's office No. 5's office, and the non-indicted No. 1's office No. 1's office No. 6's office No. 1's office No. 8's office No. 5's office No. 1's office No.

Therefore, the defendant is merely a passive response as an object of ordinary news gathering and news reporting conducted by the above newspaper company as the principal agent. Even if the defendant received a certain degree of assistance from, or was aware of it at the time of, the local council members of the local council, this is merely a benefit obtained from the above newspaper company's act. Thus, the defendant cannot be held liable for a crime of prior election campaign. On the other hand, there is no evidence that the defendant allowed the defendant to post an article favorable to him/her in the above newspaper for the purpose of election beyond the mere degree of response to the news gathering by Non-Indicted 1, or distributed it by a non-Indicted 15 in a non-ordinary manner (in relation to the distribution in a non-ordinary manner, evidence corresponding thereto was prepared by the prosecutor as evidence, but this is inadmissible since the defendant consented to it as hearsay evidence, and the prosecutor also did not institute a prosecution as to this part).

Therefore, the above facts charged can be found not guilty under the latter part of Article 325 of the Criminal Procedure Act because there is no proof of crime.

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

Judges Yang Dong-dong (Presiding Judge)