206Gohap53 Violation of the Public Official Election Act

○○ Kim (610813 - 1*****), Red Military Council members

Magcheon-gun, Chungcheongnam-gun, Hong-gun

Permanent domicile Masung-gun, Hongcheon-gun

New Jinzin

Attorney Kim Jae-sik

October 13, 2006

Defendant shall be punished by a fine of KRW 800,000.

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

shall be confined in a workhouse.

It is ordered that the defendant pay the amount equivalent to the above fine.

Criminal facts

On May 31, 2006, the Defendant was elected after going to a candidate belonging to the Red-gun's Council member of the Hongsung-gun's Red-gun's election district (red by Hong-gun, Gwangju-do, Hong-dong, Hong-dong, Ho-dong) in the fourth nationwide election, which was implemented on May 31, 2006;

On May 8, 2006: (a) around 00, 17: (b) visited, issued, and claimed support for, the Kim Jong-gun Kim Jong-gun's office located in Chungcheongnam-gun, Hongcheon-gun, Hongcheon-gun's office, and (c) visited, from May 12, 2006, five houses, including Kim Jong-gun's office, Kim Jong-gun's office, Kim Jong-gun's office, Kim Jong-gun's office, Kim Jong-gun's office, and then visited, issued, and claimed support, and conducted an election campaign by door prior to the election campaign period.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution;

1. The prosecutor's statement of Kim Jong-il

1. The Kim Jong-chul, Kim Jong-soo, each written self-written of this letter

1. A report of investigation (in the face of 18 pages of investigation records);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 254(2)5 of the Public Official Election Act (as a whole, selection of fines);

1. Determination of punishment;

Fines 800,000 won (the defendant is the first offender, the number of households of door-to-door visits is not much high, and the crime is committed;

Taking into account the fact that it has been in depth after the commission

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Parts of innocence

The summary of the facts charged of this case is that the defendant visited the house of Hongsung-gun, Hongsung-gun, Hongcheon-gun, from around 00 to May 12, 2006, and issued the following name cards from around 00 to about 17:0 on May 2, 2006, and applied for an election campaign by door-to door prior to the election campaign period.

On May 8, 2006, the defendant denies the crime that there is no room for visiting the house of Kim from the investigative agency to this court, and even according to the contents of the witness Kim Jong-man's statement in this court and Kim Jong-man's statement (in case of the contents of the investigation record No. 7 of the investigation record), it is nothing more than the purport that he merely found the defendant's name at the end of the floor of the house on May 8, 2006 and brought about his name. In addition, the defendant made a statement that there is a timely statement that there is a timely statement that there is a name of the candidate in the election market during the election period, so it is insufficient to recognize the above charges, and there is no other evidence to acknowledge it.

Therefore, this part of the facts charged should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of a crime. However, as long as it is found guilty of a crime of violating the Public Official Election Act in relation to a single comprehensive crime, the sentence of innocence

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

Judge Lee In-bok

Judges Seo Young-young

Judges Kim Jong-young