2012 Highly 736 Violation of the Public Official Election Act

Defendant (in 59years) and Company Board

September 12, 2012

Defendant shall be punished by a fine of KRW 500,000. Where the Defendant does not pay the above fine, the Defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

Seized evidence 2(news materials) shall be confiscated.

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

Punishment of the crime

The Defendant was the chairman of AA transportation labor union;

Except as provided for in the Public Official Election Act, no one may distribute, distribute, post, or post a newspaper, communication, magazine, or an organ or other publication of an institution, organization, or facility, which carries an article related to the election, in a way other than ordinary ways, or distribute, distribute, post, or post such article by copying the article, he/she shall not in the way be allowed to do so. However, around February 25, 2012, he/she shall cause an expansion and reproduction of articles (as of February 23, 2012, five pages) of the pledges of Preliminary Candidates A of the 19th National Assembly Members Election for the 19th National Assembly Members Election,

On February 16, 2012, around 14:00, newspaper articles for the promise of the above preliminary candidate Gap were posted or distributed in a way other than ordinary way, as shown in the attached list of crimes, by making extended copies of the above-mentioned newspaper articles on the bulletin board of the chairperson of A transportation labor union in Daegu-gu, Daegu-gu, as seen above, and by posting or distributing them eight times in a way other than ordinary way.

Application of Statutes

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

Articles 252(1) and 95(1) of the former Public Official Election Act (Amended by Act No. 11374, Feb. 29, 2012);

1. Aggravation of concurrent crimes;

Articles 37(former part), 38(1)2, and 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed for the crime of violating the Public Official Election Act as stated in [Attachment No. 1]

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order of provisional payment;

The reason for sentencing of Article 334(1) of the Criminal Procedure Act is to ensure the legitimacy of state power and to contribute to the maintenance and development of democratic politics by ensuring that elections for public office, which are the basis of democratic politics, are held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to the election. In particular, the Public Official Election Act, in consideration of the characteristics of media that have a large influence on the creation of public opinion by electors, is in accordance with appropriate procedures within a certain scope.

In order to ensure the fairness of election by allowing each candidate to engage in an election campaign using the press media only in a fair manner, it is limited to the minimum necessary to post or distribute publications such as newspapers and magazines. As such, as in this case, the act of expanding and copying newspapers on which articles related to election are published in favor of a specific preliminary candidate and posting or distributing them in a way other than ordinary ways is in conflict with the above restriction under the Public Official Election Act, and the nature of such a crime is not easy.

However, the following facts are considered as favorable to the Defendant: (a) only one time before a fine is imposed on the Defendant; (b) the number of newspaper articles posted or distributed by the Defendant is relatively large; and (c) the Defendant reflects his fault in depth; and (d) the Defendant’s age, character and conduct, motive for committing the offense, and circumstances after committing the offense, etc.; and (e) the sentence shall be determined as per the order, taking into account all the various circumstances, which

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

presiding judge, judge-type;

Judges Gin Jae-in

Judges Laos