(영문) 창원지방법원 2011.11.10.선고 2011고합215 판결

The defendant shall be punished by a fine of KRW 1,000,000. If the defendant does not pay the above fine, the defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

Reasons

Criminal facts

The defendant was a person who was working as a head of the election countermeasure headquarters at the election campaign office of the YellowCC in relation to the election of the National Assembly member of the Republic of Korea, which was implemented on April 27, 2011.

1. Violation against the prohibition of signature and seal exercise;

No one shall obtain or have an elector obtain a signature or seal for an election campaign.

On February 2, 2011, the Defendant planned to conduct a briefing session to the effect that, in order to widely notify yellow in the election campaign office of Yellow Sea ○○ in the Yellow Sea ○○******, in order to appeal the support of electors against Yellow ○○, the Defendant: (a) planned to conduct a briefing session to the effect that, in order to appeal the support of electors against Yellow ○○, he will be called ○○; and (b) requested volunteers Kim ○, etc. to receive a written signature of support from 1,000 residents.

Accordingly, the office POO of the above election campaign office kept the title of "Yel0 preliminary candidates and a signature of support" in the upper part of the title register, and around that time, the volunteers of the above election campaign office, ○○○, ○○○, ○○○, and ○○○○○ was signed by the electorate on the support signature form of the above election campaign office and submitted it to the election campaign office, respectively. Accordingly, the Defendant conspired with 00, 00, 000, and POO in sequence for the election campaign of yellow 00, and had 64 of the electorate signed by the electorate from February 201 to February 4, 201, as shown in the list of crimes (1) through (4).

2. Violation of prohibition, such as distributing documents by unlawful means;

No one shall follow the provisions of the Public Official Election Act in order to have an influence on the election from 180 days prior to the election day to the election day. No one shall distribute, screen or display advertisements, letter of personnel management, posters, photographs, documents, drawings, pictures, printed materials, or other similar things, which contain the contents supporting, recommending or opposing a political party or candidate (including a person who intends to become a candidate), or which indicate the name of a political party or candidate's name, to the election day.

On February 14, 2011, the Defendant: (a) drafted a written request for cooperation in gathering and reporting one fake news to the reporters, 1,000, 1,000, 11,000, 11,000,000, 11,000,000, and 2,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00.

The Defendant explained to the effect that “the Defendant will hold a campaign speech with the signature of 1,00 people of the Republic of Korea at the time of telephone conversations with 00 news, which is an area where the same election trend is coverage,” and explained to the effect that “the Defendant will hold a campaign speech with the signature of 1,00 people of the Republic of Korea,” and sent the e-mail account of the said reporters a written request for cooperation in coverage and report, the draft of the above article, and the file of the press conference. On February 21, 2011, the Defendant sent the said reporter a summary of the above documents, and made the said reporter publish the said documents as “Y○○○○, 100 People in the Kimhae News, and 1,000 People in the special election, who signed on April 27, 200, 1,000 People in the Republic of Korea on the 17th anniversary of the election of 1,000 People in the Republic of Korea.”

However, as described in Paragraph 1, the number of electors who have signed direct support for the YO candidates is 64 persons, and the list of the remaining persons except the above 64 persons among the total 950 persons entered in the 1,000 support signature of the 1,000 support signature collected through volunteers is merely a list of visitors to the above election campaign office or a list of volunteers by ascertaining their personal information, and they were not a list of persons signed by indicating direct support for 00 persons.

The Defendant, as seen above, did not directly signed on the ○○ candidate by 1,000 Kim Sea citizens, sent a false statement of the press conference to the effect that 1,000 Kim Sea citizens support the ○○ candidate and sculpate him to a candidate, and then posted it in the ○○ News, thereby distributing a document containing the recommendation of the sculpule ○○ candidate who wishes to become a candidate for the purpose of influencing the election.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the suspect about ○○○○, 10, 00, 100, and 100;

1. Statement by the prosecution against Kim○-○;

1. Each police protocol on the Park○-○, Lee○-○, Lee○-○, Kim○-○, Park○-○, Park○-○, Kim○-○, Kim○-○, Kim○-○, Kim○, Kim○, Kim○-○, Park○, Kim○, Kim○, Kim○-○, Park○, Lee○, and Park○-○, Lee○, and Kim○-○;

1. Investigation report (to verify the reservation of the ○○○○○, such as the out-to-door subscription, and to report on the counter investigation, counter investigation, preparation of and signature to support ○○○○○○, counter investigation, confirmation of telephone conversations by a signatory, reporting on the summary verification of ○○ News News Agency, and reporting on the verification of the article for cancellation of the reporter’s check);

1. The President of the Election Commission in the Gimhae shall call for the list of supporting signatures (the 26 to 77 pages of investigation records), the CO as the candidate for the by-election on April 27, 200, the CO as the candidate for the by-election on April 17, 200. - The application of Acts and subordinate statutes to the 1,00 Kimhae citizens, the statement of support for the by-election candidate for the by-election on April 27, 200 (the 78,79 pages of investigation records), the copy of the ○○ News (the 94 pages of investigation records), the request for cooperation in coverage and report (the 220 pages of investigation records), the Kim Sea citizens, the 1,000 candidates for the by-election citizens, the 1,000 YO candidate support declaration, the viewing press center-221 pages of investigation records).

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 255(1)18 and 107 of the Public Official Election Act; Article 30 of the Criminal Act; Articles 255(2)5 and 93(1) of the Public Official Election Act (generally, choice of fines); Articles 255(2)5 and 93(1) of the Public Official Election Act

1. Aggravation of concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in a crime of violating the Public Official Election Act due to a more severe signature movement)

1. Detention in a workhouse;

The reason for sentencing under Articles 70 and 69(2) of the Criminal Act prevents the electors from making a fair vote according to free will by obtaining a signature to support a specific candidate from the electorate at the time when a special election for National Assembly members is imminent. The above act of the Defendant is detrimental to the legislative intent of the Public Official Election Act aimed at securing the fairness of the election and providing equal opportunity for election campaign, and thus, it should be held liable to the Defendant.

However, in light of the following: (a) the Defendant led to the instant crime; (b) the number of electorates who received the signature; (c) the preliminary candidate, who was supported by the Defendant, was unable to obtain the official approval of the Hanra Party in a special election for National Assembly members; and (d) the Defendant did not have any record of punishment in addition to the fine of this kind; and (c) other circumstances, including the details of the instant crime; and (d) the circumstances after the commission of the crime, etc., which are conditions for sentencing specified in the instant case, shall be determined as per the order