205Gohap104 Violation of the Local Education Autonomy Act

1. ○○○ (xx -xx xxx) (xx) x, free of office

Residence ○○○○-dong xx apartmentxxxxxxxxxxxxx in the Daejeon-gu Office;

○○○○○○○xx in a permanent domicile

2.O○○ (xx -xx xxx xxx) and the Superintendent of the Office of Education of Daejeon Metropolitan City.

Residence ○○○○-dong xx apartmentxxxxxxxxxxxxx in the Daejeon-gu Office;

○○○○○○○xx in a permanent domicile

3 . 황 ㅇㅇ ( xxxxxx - xxxxxxx ) , 건설업

Residence and permanent domicile Daejeon Daejeon ○○ Dongxx

4.Gu○○○ (xx -xx xxx) (xx) xx, free of office;

주거 대전 유성구 ○○동 ㅇㅇ xxx아파트 xxx동 xxx호

permanent Daejeon ○○ Dongxx

○ ○

Attorney ○○○, ○○, ○○, ○○ (For the purpose of Defendant ○○, ○○)

변호사 OOO , OOO , ㅇㅇㅇ ( 피고인 이○○ , 오○○을 위하여 )

Law Firm Lee & Lee

담당변호사 ㅇㅇㅇ , ㅇㅇㅇ , ㅇㅇㅇ ( 피고인 이○○ , 오○○을 위하

(n)

Attorney ○○○ (Defendant ○○, ○○, ○○’s national line for ○○)

October 31, 2005

Defendant ○○ was sentenced to a fine of KRW 2,00,000, and KRW 000 on August, 200, Defendant YO, and the Gu.

ㅇㅇ을 각 벌금 700 , 000원에 각 처한다 .

피고인 오ㅇㅇ , 황○○ , 구○○이 위 각 벌금을 납입하지 아니하는 경우 각 금 50 , 000

The above defendants shall be confined to the Nowon-gu for a period of one day converted by the Won-gu.

With respect to ○○○, 69 days of detention prior to the pronouncement of this judgment shall be included in the above sentence.

, however, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(c)

Of the facts charged against Defendant ○○, the charge of prior election campaign by delivery in both fields is acquitted.

Criminal facts

Defendant OO○ was elected by the Superintendent of the Office of Education (the date of registration of a candidate was the 10th of the same month, with the date of registration of a candidate), as a candidate for an election of the head of the V Daejeon Metropolitan City, which was conducted on December 20, 204 and on December 22, 2004 (election Day).

This ○○○ is the wife of the above ○○○, the defendant Y○○ as a third party of the above ○○○○, the constructor, and the defendant ○○ as an operating member of the ○○ Middle School.

1. The defendant Lee ○ shall:

Despite the fact that no new movement is conducted prior to the election campaign period, on January 17, 2004

xxx in all Seo-gu xxx xx xxx xxxx 700 milliliterss per 700 Ebiopis

C. purchase in 6,98, and 900 Won Byung (C. 32,900 Won per market price) and 6,998, and 900 and booming the name of the first accused Defendant ObO.

Then, the name of xx apartment Xxxxxxxxxxxxxxxxx to x principal of the x elementary school.

The same day, including delivery of the two-state 1 disease in support of the above ○○.

School operation committee members, etc. as shown in attached Table 1 between the date of the crime and the date of the 27th of the same month.

270 persons deliver each class of disease to 270 persons and carry out an election campaign prior to the election campaign period;

2. Defendant OO or 00 shall not conduct an election campaign in collusion prior to the election campaign period.

during the election campaign period, any person shall be held to have a specific person elected to the superintendent of the Office of Education during the election campaign period.

publication and distribution of election campaign bulletins and holding meetings for comments held by the constituency election commission;

No person shall engage in any conduct other than an interview or debate inviting the press, etc., and on the election day;

not be engaged in the election campaign before the close thereof;

A. On September 24, 2004: at around 06 the Defendants of X-Dong x-dong xx apartmentxxxxxxxxxx, around 06.

xxx, which is the mobile phone of x elementary school operating members of x elementary school, xxx xxx xxx xxx xxx xx x.

No. 1 of the attached Table 2, such as requesting support by the above ○○○, etc.

As described in 219, an election campaign shall be carried out prior to the election campaign period, and Nos. 220 through 242, 243

Methods of election campaigns other than those prescribed by law during each election campaign period, as described in subparagraphs 1 through 254.

5 to 268, and 269 to 283, each line as described in the table above

the election campaign before the close of the election campaign;

(b) From October 1, 2004 to December 22 of the same year, the building of the Daejeon Seo-gu Xxxx building; and the building of the Daejeon Seo-gu Xxxxxxx building;

411 (hereinafter referred to as the "officetel of this case") by leasing 411 (hereinafter referred to as the "officetel of this case") xx -x x -x x.

After establishing a half-line, the defendant ○○ is directly or incompetuably elected as election campaigners.

prior to the election campaign period, such as the No. 1 to 123 of the list of crimes in [Attachment 3]

An election campaign by setting aside an election campaign, as described in the subparagraphs 124 through 159, 173 through 188, respectively.

During the period, an election campaign other than the statutory method of election campaign shall be carried out, and the sequence 160 through 172, 189 shall be

To carry out an election campaign before the close of each election day in the manner described in paragraphs (1) through (193); and

3. The defendant ○○ or yellow ○ shall conduct an election campaign in collusion before the close of such election campaign on the election day.

(2) in the absence of such approval:

On December 22, 2004: Defendant on December 11, 2001: from November to December 12: 05, the Daejeon Seo-gu xxxx community; and Defendant on March 2, 200 the Daejeon xxx community.

At the office of the x integrated construction corporation of the x ○ Operation, Defendant 200, Defendant 200, Defendant 3

In addition, a list of school operating members, who are the electors of the election of the superintendent of the Office of Education, shall be provided, and the above list 0

Part of the list of the operating members provided shall be extracted from the list of the members without permission and shall be prepared a list of the meta-type.

After then, the name of the above x integrated construction company, Non-Indicted ○ and Lee ○, an employee of the above x integrated construction company.

Provided, That in addition to the foregoing, “OO candidate who has held office concurrently with office and who has held office concurrently” shall be selected as “OOO candidate and shall be selected as a City Mayor/Do governor.”

the Internet at a computer in which the phrase is delivered to him/her, and has him/her do so on his/her own.

All as shown in attached Table 4 of the List of Offenses by accessing the site or using a mobile phone;

66 Persons elected to send text messages to the 66 Operating Members on the election day by requiring them to send such text messages.

dives:

4. The defendant Lee ○-○ or Gu ○-○ in collusion,

(a)do not carry out an election campaign by visiting each head before the election campaign period;

On December 2, 2003, Kim ○-○, a member of the operation of the ○○ Elementary School, at the Daejeon Seo-dong ○○○-dong, Daejeon.

20,000 won or more of the market price of one box after visiting the house at the same time, and the above old ○

It is called the denial of ○○ Educational Members scheduled to leave ○○ to the election of the Superintendent of the Office of Education in 2004.

I introduce and introduce, the above ○○ is the denial of the above OO, and support in the election of the superintendent of education.

In addition to upon request by the head of the Nowon High School, the head of the Nowon High School and the head of the Nowon High School ○○, each of the ○○○ schools

A person visiting the house of ○○○, Park ○○, and Song-○ by the same method to visit the school operating committee members by door.

A door-to-door visit is made prior to the election campaign period by raising ○○’s awareness of approval and appeal for support.

to carry out an election campaign;

B. Although it is not possible to conduct an election campaign prior to the election campaign period, Defendant 200

Defendant 1, 20,000 won or less at the market price of one box sold by the former ○○.

In order to raise the recognition guidance of OO, her husband, and to appeal for support as the test to purchase the strike.

The above Gu ○ shall deliver the members of the operating committee on behalf of the members of the operating committee and request the members to do so, and the above Gu ○ shall

○ The consent shall:

On April 2004, 200 ○○ Dong-dong, Daejeon, Daejeon, ○○○, and the above ○○ was the same as the above ○○ and the headion.

○○○○○○ in accordance with a consultation on the subject matter of the operating committee of a member of the ○○○○.

The election of the superintendent of the Office of Education shall be held after visiting the office of Ma○○'s head of the office in which the reason for the operation is to be delivered one box.

Now is the notice that ○○, the denial of ○○ scheduled to leave, sent by ○○.

In addition to ○’s request for support, as shown in the annexed Table 5 of the crime committed around that time.

two 12 Operating Members delivered each of the two boxes in the same manner, and the two boxes are delivered;

An election campaign was conducted prior to the election campaign period, such as requesting support.

Summary of Evidence

Paragraph 1 of this Article

1. The defendant's partial statement ○○ by law

1 . 증인 윤○○ , 김○○ , 윤○○ , 최○○ , 권ㅇㅇ , 복○○을 , 남○○ , 임○○ , 홍○○ , 강

O, each part of each legal statement by ○○

1. Entry of Defendant 00 in the third protocol of interrogation of suspect in the prosecution as to Defendant 00

1. Entry of each certified copy of each prosecutor's protocol on the newO and police officer's statement;

1. Song○○, Lee ○, Lee ○, Lee ○, Lee ○, Lee ○, Ma○, Ma○○, Kim ○, Ma○, Cho○, Ma○, Red○, Gyeong○, and Gyeong○ (No. 2)

회 ) , 이○○ , 권○○ , 송○○ , 김○○ , 박○○ , 류○○ , 김ㅇㅇ ( 제2회 ) , 태○○ , 이 ㅇㅇ

( 제2회 ) , 박ㅇㅇ ( 제2회 ) , 김ㅇㅇ ( 제2회 ) , 편ㅇㅇ ( 제2회 ) , 안 ㅇㅇ ( 제2회 ) , 이 ㅇㅇ ( 제2회 ) ,

홍○○ , 이○○ , 이ㅇㅇ ( 제2회 ) , 김ㅇㅇ ( 제2회 ) , 이ㅇㅇ ( 제2회 ) , 손ㅇㅇ ( 제2회 ) , 박○○ ,

○, each statement of each police's written statement about ○○, 00

1. A certified copy of an investigation report (a report accompanied by a copy of the sales slip), or internal investigation report (a copy of the check used by ○○);

Certified Copies, seven copies of the No. 1,000,000 No. 1,000,000 copies of the No. 1, 1,000,000

3) Each entry of the certified copy

1. A certified copy of the list of school operating members in the Daejeon District, a certified copy of the certificate of alcoholic beverage sales prepared by theO, and the snow characteristics in 204; and

A copy of our delivery (OOO customers) delivery, a copy of each x-based delivery note, a written request for a merchandise coupon;

A certified copy of the statement of payment, a certified copy of the account deposit transaction statement, a certified copy of the collection body inquiry, a card company

each entry of the certified copy of the receipt for use

1. A list of school principals and assistant principals (certificate 6), 2003 list of school teachers (certificate 8), 204 list of school teachers, and each elector;

List, each entry of the list of school operating committees in 2003.

1. Each existing 3 illness of seized sclurgium (700m liter)

Paragraph 2 of this Article

1. The defendant's partial statement ○○ by law

1. The legal statement of ○○○○’s witness’s partial statement and partial statement of the witness’s title;

1. Entry of ○○ in the transcript of the fourth protocol of interrogation of the suspect in question by the prosecution; and

1. Entry of a certified copy of the prosecutor’s protocol on ○○○;

1. Entry of ○○ in the second written protocol of suspect questioning by the police on the same ○○; and

1 . 박○○ , 하ㅇㅇ , 구○○ , 서○○ , 박○○ , 손ㅇㅇ ( 제3회 ) , 이ㅇㅇ , 백ㅇㅇ , 윤○○ , 김이

○ , 이○○ , 김○○ , 오○○ , 송○○ , 이ㅇㅇ , 이○○ , 김ㅇㅇ , 국○○ , 박○○ , 강○○ ,

강○○ , 김○○ , 박○○ , 송○○ , 정○○ , 이ㅇㅇ , 이ㅇㅇ ( 제1 , 2회 ) 이 ㅇㅇ , 곽○○ , 장

ㅇㅇ ( 제1 , 2회 ) , 정 ㅇㅇ ( 제2회 ) , 이ㅇㅇ ( 제2회 ) , 조○○ , 박○○ , 박○○에 대한 각 경

Each statement of the written statement of the inspection

1. A certified copy of an investigation report on an election campaign using communications (excluding ○○, excluding prescribed part), or communications charter heavy;

A copy of the investigation report (1) on Dong, and a copy of the investigation report (2) on the election campaign for which communications are used, (3)

OO, Kim ○, Kim ○, and Kim ○○) A certified copy of the investigation report on an election campaign by communications (3)

박○○ , 유○○ 부분 제외 ) , 통신이 용선거운동에 대한 수사보고 ( 4 ) 등본 ( 심ㅇㅇ , 윤이

○ , 윤○○ , 이ㅇㅇ , 이ㅇㅇ , 이ㅇㅇ , 이ㅇㅇ 부분 제외 ) , 통신이용선거운동에 대한 수

A certified copy of the report (5) (excluding ○○, ○, ○○, ○○, ○○○, ○○) and on an election campaign for which communications are made;

6) Each entry in a certified copy of the investigation report (6)

1. A certified copy of the protocol of seizure (a record of evidence No. 2098 pages);

1. A copy of the full lease contract, a copy of an occupant management card, a certified copy of the current status of electric consumption in 4.11, and a house room;

A certified copy of the current status of rental period, a certified copy of the current status of salesroom occupants, and a telephone subscriber's personal information;

A certified copy of the request, a general telephone owned by OO, and a certified copy of data on analysis of mobile phone calls, and communication confirmation;

Each entry of a certified copy of personal data

Paragraph 3 of this Article

1. The respective legal statements of the Defendant ○○ and Yellow Dust○

1. The entry of a certified copy of the prosecutor's statement concerning the early inspection in the protocol;

1 . 윤○○ , 이ㅇㅇ , 이ㅇㅇ , 오ㅇㅇ , 이ㅇㅇ , 조○○에 대한 각 경찰 진술조서 등본의 각

Statement

1. Compilation of a certified copy of the response letter from SK Communications, and the representative director of SK Communications, respectively;

Certified copy of investigation cooperation, certified copy of user information inquiry by the representative director of the Telecom Co., Ltd., and letters;

Congresss related to the NAE, a copy of the closure of the access screen from among the message sent computers, and business cooperation request.

New (Personal Information of the addressee of text messages), a certified copy of the list of the persons to whom text messages are sent, and monetary rent.

Each entry of the certified copy of the statement

1. As seized VIC 2004 first (the first place) (a list of school operation members), VIC 2004 (a list of school operation members);

each existing state

Paragraph 4 of this Article

1. The legal statement of the defendant ○○ and the part of the defendant ○○○’s legal statement

1 . 김○○ , 김○○ , 정○○ , 엄ㅇㅇ , 이ㅇㅇ , 박○○ , 신○○ , 김○○ , 구ㅇㅇ ( 제1 , 2회 ) 에

대한 각 검찰 진술조서 등본 및 구○○에 대한 제3회 검찰 진술조서 중 임ㅇㅇ 진

Statement in each part of alcoholic beverage

Judgment on the Issues

1. As to paragraph (1) of the holding (as to the advance election campaign by delivery of both owners);

A. Defendant Lee ○-○’s assertion

Defendant ○○ delivered two shares to 270 persons, including the operating committee prior to the New Year’s Day, as stated in paragraph (1) of the facts charged. However, this is merely a formal and private act as a gift to the son, and it does not have the time for Defendant O○ to decide to leave the election for the Superintendent of the Office of Education in the fifth Daejeon Daejeon Daejeon Metropolitan City, which was implemented in 2004 by Defendant O○○ in 2004, and thus, it cannot be deemed that the delivery of the two shares for the purpose of winning Defendant ○○○’s election at the above superintendent’s election, i.e., an election campaign, for the purpose of winning Defendant ○○, at the above superintendent’s election.

B. Determination

Preliminary election campaign means any act necessary or advantageous to obtain a vote for the purpose of election of a specific candidate for a specific election, or any active or planned act which may objectively be recognized as being intended to promote the success or defeat in the election against the elector, including the elector, from among all acts necessary and unfavorable for the purpose of defeat in the election of a specific candidate, prior to the election campaign period. Ordinary, courtesy, and social acts are excluded from the time, and whether an ordinary and ordinary act is ordinary, shall be determined in light of social norms by comprehensively taking into account all the circumstances, such as the offender and the other party’s social status, relationship between the offender and the other party, motive, method, contents and mode of the act, etc.

○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○’s act of delivering the instant shares at the time of the election of Defendant 2, which had no objective effect on the election of the said Defendants, was the time of leaving 1 month to the Superintendent of the competent Office of Education at that time. However, it appears that Defendant 2 had no effect on the election of the said Defendants at the time of the election of the said Defendants at the time of the election of the said Defendants at the time of the election of the said Defendants at the time of the election of the said Defendants at the time of the election of the said Defendants at the time of the election of the said Defendants, and that there was no objective concern about the election of the said Defendants at the time of the election of the said Defendants at the time of the ○○○○○○○○○○○○○○○○’s act of delivering the instant shares. As such, it appears that Defendant 2 had no effect on the election of the said Defendants at the time of the instant election.

2. As to paragraph (2) of the holding (in part of election campaign by telephone)

A. Defendant ○○, ○○’s assertion

피고인 이○○은 위 피고인들의 주거지와 공소사실 기재 오피스텔에서 운영위원 들에게 전화를 한 것은 사실이나 통화상대방의 대부분은 피고인 이○○이 잘 아는 지 인들로서 개인적인 안부를 묻는 등의 일상적인 통화를 하였을 뿐 교육감 선거에서 피 고인 오○○에 대한 지지를 호소하는 전화를 한 것은 아닐 뿐만 아니라 피고인 오ㅇㅇ 이 피고인 이○○과 위와 같은 전화 통화에 대하여 공모한 사실도 없다 .

B. The judgment (excluding the portion that is judged as having no relevance to election campaign, as seen below)

(1) Whether the election campaign relevance is involved

In light of the following circumstances that can be seen from the above evidence, ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ calls for the election of the said Defendants, 479 times in total from September 24, 200 to the election day and the election day, the Defendants appears to have been in a personal-friendly relationship with the said Defendants. The Defendants’ act of directly and indirectly inducing the said Defendants to operate the instant election campaign, even if the said Defendants were to have been in a personal-friendly relationship with the said Defendants at a relatively close time with the said Defendants on the election day, it appears that the said Defendants’ act of directly and indirectly inducing the said Defendants to operate the instant election campaign members, i.e., the said Defendants’ act of not directly and indirectly supporting the instant election campaign members.

(2) Whether Defendant O’s ○○ was publicly recruited or not

(A) At least two co-offenders who are jointly engaged in a crime do not legally require a certain type of punishment, but only if two or more persons conspired to jointly process a certain crime and realize the crime, there was no process of the whole conspiracy. Even if there was no process of the whole conspiracy, if the combination of doctors is carried out in order or impliedly, it can be recognized in accordance with the circumstantial facts and empirical rules, even if there was no direct evidence. As long as such conspiracy was carried out, even those who did not directly participate in the execution shall be held liable as co-principal for the other co-principal’s act.

(B) Considering the following circumstances acknowledged by the aforementioned evidence on the date of the ○○ Office of Education, i.e., the above ○○○○ Office’s election campaign by using a list separately produced for the purpose of election campaign by adding telephone numbers to the list of the operating members transferred by the Office of Education of Daejeon Metropolitan City ( Defendant ○○○, as the chairperson of the Board of Education, produced the above list for the purpose of election campaign when a civil petition occurs at a school, it does not deny that the above list was used for election campaign). Defendant ○○ Office stated the purport that ○○ Office was next to Defendant ○○ Office when ○○ Office calls its school operation members, and Defendant ○○ Office stated that ○○ Office was aware of the fact that ○○○ Office was used for the above ○○ Office’s election campaign. Defendant 1 appears to have been aware of the fact that ○○○ Office was directly used for the above ○○ Office’s election campaign. Defendant 2 and Defendant 3 on the ○○ Office’s own election campaign.

O○○ appears to have carried out an election campaign in collusion with the Defendant ○○○, by telephone, as described in paragraph (2) of the crime, so the said Defendants’ assertion is without merit.

3. Conclusion

Therefore, Defendant ○○○, and ○○○’s assertion on each of the above parts cannot be accepted on the ground that all of the grounds are without merit.

Application of Statutes

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

A. Defendant 00

Article 158 (3) of the Local Education Autonomy Act (the first preliminary election campaign in its holding), inclusive,

Article 158(3) of the Local Education Autonomy Act, and Article 30 of the Criminal Act (Decision 2)

(A) section 1 to 219 of [Attachment 2] List 2 of Crimes List 2 and section 2-b of [Attachment 2]

each advance election campaign listed in [Attachment 3] Nos. 1 to 123 of the list of crimes in [Attachment 3];

§ 4-b(b) of the ruling, the point of the prior election campaign (including a comprehensive election campaign), each imprisonment with prison labor), and the local educators

Articles 140, 78, and 30 of the Criminal Act [Attachment A] Articles 2-A and 30 of the Criminal Act

No. 220 to 242 of table 2 of sight, and No. 2-B of table 3 of crime committed in attached table 3

in each election campaign period set forth in Nos. 124 to 159, the violation of the Restriction Regulations during each election campaign period (as a whole),

Nos. 2-A. 243 through 254 of the annexed list of crimes in Section 2-A of the ruling and the holding

2-b. Each election campaign period listed in the sequence 173 through 188 of the list of offenses listed in the attached Table 3 among the paragraphs;

(general) Violation of the provisions of the Local Education Autonomy Act (as a whole), each sentence of imprisonment, and the Local Education Autonomy Act

Article 158(1) of the Criminal Act and Article 30 of the Criminal Act [Attachment 2-A of the Judgment No. 2] No. 258 of the List of Offenses No. 258

b. section 2(b) of [Attachment 3] Nos. 160 to 268 of [Attachment 3]

172. Crimes listed in Section 2-A of the holding that each election campaign is held on the election day (including all the election campaign), and crimes listed in Section 2-A of the holding

No. 269 to 283 of the sight table 2, and No. 2-B of the judgment

3. Election campaigns No. 189 to 193 listed on each election day (inclusive) and No. 3 of the holding

Japan election campaign (in general), each choice of imprisonment with labor), and Act No. 158 of the Local Education Autonomy Act

section 2(5) of the Criminal Act and Article 30 of the Criminal Act (Article 4-1(1) of the Judgment

in all respects, the choice of imprisonment);

B. Defendant Defendant Defendant’s error

Article 158(3) of the Local Education Autonomy Act and Article 30 of the Criminal Act [Attachment A of Article 2-A of the Judgment]

No. 1 to 219 of the Code of Crime No. 2, and No. 2-b. of the ruling, the list of offenses in the attached Form No. 2

Each advance election campaign listed in Nos. 1 through 123 of the Table 3 (in comprehensive) and each of the fines;

- home - Articles 140 and 78 of the Local Education Autonomy Act, Article 30 of the Criminal Act / [Article 2-A of the Decision]

Attached Table 220 to 242 Nos. 220 to 242 of the List of Offenses in Attached Table 2-B.

Violation of the Restriction Regulations during each election campaign period listed in 124 to 159 of the table 3 of the crime sights;

(generally), No. 2-A of the ruling, No. 243 to 254 of the list of offenses in the annex No. 2 of the ruling

Section 2-B. Each entry in [Attachment 3] Nos. 173 through 188 of the List of Offenses in [Attachment 3]

The violation of the Restriction Regulations during the election campaign period (generally), the selection of each fine, and the autonomy of local education

Article 158(1) of the Act and Article 30 of the Criminal Act [Attachment 2-A of the Judgment]

No. 255 to 268 of the Act and the order of No. 2-B of the Decision 3 of the List of Crimes in the Annex 3

Section 2-A(a) of the Decision 160 to 172, each election campaign (including all the election campaign),

[Attachment 2-B] No. 269 through 283 of Schedule 2 of the Crime List in [Attachment 2-B]

each election campaign listed in the sequence 189 to 193 of the Code of Offenses 3 (as a whole, the title of each election campaign);

【Selection of Fines】

C. Defendant yellowe

Article 158(1) of the Local Education Autonomy Act and Article 30 of the Criminal Act (Generally, Selection of Fines)

D. Defendant 00

Article 158 (2) 5 of the Local Education Autonomy Act and Article 30 of the Criminal Act (Article 4-1 (A) of the Decision)

A preliminary election campaign by door-to-door visit, including, but not limited to, the selection of fines), and a local education autonomy officer;

Han-Law No. 158(3) and Article 30 of the Criminal Act (Article 4-2(2) of the Criminal Act)

in general, selection of a fine)

1. Aggravationd concurrent crimes (Defendant ○○○, ○○, ○○○);

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Defendant Lee ○, and ○○)

§ 2-A. No. 255 of the [Attachment 2] No. 255 of the [Attachment 2] No. 2

b. section 2(b) of [Attachment 3] Nos. 160 to 172 of [Attachment 3] of the list of offenses

The punishment for violation of the Local Education Autonomy Act by election campaign by re-election day, and the defendant

With respect to ○○, violation of the Local Education Autonomy Act by door-to-door visits as stated in a more severe punishment

Punishment Aggravations for Concurrent Crimes

1. Attraction of a workhouse (Defendant OO, YO, YO, YO)

Articles 70 and 69(2) of the Criminal Code

1 . 미결구금일수 산입 ( 피고인 이ㅇㅇ )

Article 57 of the Criminal Act

1 . 집행유예 ( 피고인 이ㅇㅇ )

Article 62(1) of the Criminal Act

The acquittal portion

1. Of the facts charged in the instant case, the list of offenses in collusion with the Defendant ○○○.

1 The part that delivered 270 sicks to the operating members as described in the note.

A. Summary of the facts charged, Defendant 00, Defendant 1’s assertion

The summary of this part of the facts charged is that, in collusion with Defendant ○○○○○, Defendant sent each of the two cases to 270 persons, including the operating committee members, etc., as set forth in paragraph (1) of the crime, and carried out an election campaign prior to the election campaign period.

Defendant OOOOO give a gift to a person who is aware of his reputation and reputation.

Since ○○○, a wife of the Defendant, was aware of the facts charged, he was aware of the fact that he donated the two shares to the operating members on this ○○○○ 2004 New Year’s Day, and he was elected at the Superintendent of the Office of Education, and he did not win the two shares in collusion with the Defendant ○ ○ ○○, and thus denied this part of the facts charged, and Defendant ○ ○○ also argued that it conforms to the argument of Defendant ○○ ○ from this investigation agency to this court.

B. Determination

(1) As seen earlier, the 'public offering' does not require any legally fixed form of co-offenders who are engaged in a crime, and the 'public offering' is sufficient if there is an implied communication on the joint execution of the crime directly or in contact with each other. As to this, even if there is no direct evidence, it can be sufficiently recognized by the circumstantial facts and empirical rules, but at least it is necessary to provide proof to the extent that there is no reasonable doubt in accordance with the general principle on the proof of the crime.

On the other hand, Defendant 00 and this part of the facts charged are denied without any direct evidence to acknowledge that Defendant ○○○ conspired with Defendant ○○○○○ and engaged in a private election campaign, such as this part of the facts charged. Thus, the issue in the instant case is whether Defendant ○○○ may be recognized by the circumstantial facts and empirical rules acknowledged by the evidence submitted by the Prosecutor. Thus, the issue is whether the issue in this case can be seen as whether Defendant ○○○’s conspiracy is recognized by the circumstantial facts and empirical rules (in the meantime, the prosecutor asserts that the public prosecutor should widely recognize a conspiracy relationship based on indirect evidence and empirical rules in order to ensure fair election culture culture stife, because it is difficult to prove the public relation in the election crime because it is difficult to prove it. However, even the lower court’s judgment based on the written opinion does not seem to recognize the public relation with the evidence of the crime without exception of general rules on the evidence of the crime).

(2) Determination as to whether a public offering is offered

(A) The portion of the statement made by Kim○-○, Ma○, Ma○, and Ma○○.

(1) Progress of statements

At the time of the instant case, Kim○-○ stated that the head of the information science and technology division of the Daejeon Metropolitan Office of Education, the head of the education policy division, the head of Ma○-○ was the head of the elementary education division, the head of Ma○-○ as the head of the school, and the head of the Ma○-○ was the head of the school immediately after the completion of the election of the Superintendent of the Office of Education in the Daejeon Daejeon Metropolitan City, the first session after the lapse of 2004, and the first session after the completion of the election of the Superintendent of the Office of Education in the Daejeon Metropolitan City, the head of ○-○ was asked to refund the two shares received from Defendant O○-○ at the office of education, and the head of ○○-○ was not accurately memory about the response of Defendant O○-○ at the time of the instant case, but the head of the ○○-○ stated to the effect that it was difficult for Defendant 1 to directly receive the same from the prosecutor’s office (the head of the ○○-○, the head of the Gu.).

(2) Evaluation of statements;

① 앞서 본 위 진술인들의 수사기관 및 이 법정에서의 진술이 일관되 지는 않으나 ( 이는 현재 피고인 오○○이 진술인들의 상급자인 대전광역시 교육감이고 , 위 진술인들은 대전광역시 교육계의 원로들로 자신들이 진술을 잘못하여 피고인 오이 ○이 형사 처분을 받게 되는 경우 대전광역시 교육계의 앞날을 걱정하여 위와 같이 진 술을 하고 있는 것이 아닌가 하는 생각이 든다 ) , 전체적인 취지를 종합하여 보면 , 위 진술인들이 당시 피고인 오○○을 찾아가 구정 때 받은 선물을 반환한다는 취지의 말 을 하였던 것으로 보이고 , 피고인 오○○도 위 진술인들의 의사를 충분히 이해할 수 있던 상황이었다고 판단되며 ( 권○○은 수사기관 및 이 법정에서 위 진술인들이 반환한 양주에 대하여 피고인 오○○에게 보고하지 않았고 , 약 한 달 후에 기사를 통하여 피 고인 오○○의 거주지에 전달하였다는 취지로 진술하고 있으나 , 권○○은 당시 의사담 당사무관으로서 교육위원회 의장이었던 피고인 오○○을 보좌하는 등의 업무를 수행하 고 있는 사람으로서 위와 같은 업무를 수행하는 사람이 반환된 양주에 대하여 피고인 오○○에게 보고를 하지 않았다는 위 진술은 상식적으로 이해가 되지 않는다 ) , 그 즉시 내지는 위 진술인들이 피고인 오○○의 집무실을 방문한 때로부터 얼마 지나지 않은 상황에서는 적어도 피고인 이○○이 2004년 설날에 위 진술인들에게 양주를 배송하였 다는 사실을 알 수 있었던 것으로 판단된다 ( 위 진술인들이 피고인 오ㅇㅇ의 집무실에 찾아가 양주의 반환의사를 표시하는 과정에서 직접 양주를 가지고 간 사실이 있는지 여부에 관하여 살피건대 , 위 진술인들의 이 법정에서의 진술에 더하여 의사담당사무관 인 권○○이 수사기관 및 법정에서 위 진술인들이 피고인 오○○을 면담하고 간 이후 에 김○○으로부터 전화를 받고 양주를 받아왔다고 진술하고 있는 점 , 교육청 과장들 인 위 진술인들이 직접적인 상급기관은 아니나 교육위원회 의장인 피고인 오○○ 명의 로 배송된 명절 선물을 직접 면전에서 반환한다는 것은 일반적인 상식으로 이해가 가 지 않는 점 등을 고려해 보면 , 위 진술인들이 직접 양주를 피고인 오○○에게 반환하 지는 않은 것으로 보는 것이 타당한 것으로 판단된다 ) .

④ 검사는 위와 같이 피고인 오○○이 적어도 2004년 설날이 지난 무 렵에는 이미 피고인 이○○이 양주를 배송한 사실을 알고 있었음에도 불구하고 수사기 관 및 이 법정에 이르기까지 피고인 이○○이 운영위원 등에게 양주를 배송한 사실을 약 1년 뒤 2004년 교육감 선거가 끝나고 나서야 알았다고 진술하고 있는 점에 비추어 보면 , 피고인 오ㅇㅇ이 피고인 이○○과 공모하여 이 부분 범행을 저질렀음에도 이를 부인하기 위하여 사실과 다른 진술을 하고 있는 것이라고 주장한다 .

As seen earlier, it is reasonable to view that ○○○○○○ was to have known that he had delivered two weeks to the aforementioned persons around the 2004 New Year’s New Year’s 204, but, in other words, Defendant ○○○ stated that ○○, prior to the 2004 New Year’s New Year’s New Year’s 200 that ○○ had made a gift to ○○○○, who was in the name of ○○○, and then was in the name of ○○○, and that ○○ issued the gift to ○○○○, who was in the presence of ○○○○○○○○’s respective statements at this Court. However, even if ○○○○, who was in the name of ○○○○○○○, made a statement to the effect that ○○○○, who was aware of the fact that ○○’s gift was in the presence of 200-year New Year’s New Year’s 200.

It appears that it was not known that it was a situation where only the two weeks were delivered to the chief of the Office of Education of Daejeon Metropolitan City (the fact that the two weeks were delivered in the name of Defendant OO appears to have not been raised immediately before the election of the Superintendent of the Office of Education was completed on December 22, 2004). Even if Defendant OOOO had already known or discovered the fact that the two weeks were delivered to the above persons working in the same office at the time of the above persons' visit, it was difficult to view that it was a large amount of delivery as stated in this part of the facts charged even after the above statement was delivered to the above OOOOOOOOOO's statement to the effect that it was difficult to view that it was a large amount of delivery as stated in this part of the facts charged, and that it was difficult to view that the above 0OOOOOO's statement was a large amount of delivery after the above statement was delivered to the above 4th head of the Office of Education after the above 00-year statement.

( 나 ) 복을 , 남○○ , 임ㅇㅇ의 진술 부분

(1) Progress of statements

복을은 경찰에서는 피고인 오○○의 명함이 동봉된 양주를 배송받은 후 피고인 오○○에게 양주 선물에 대한 감사의 전화를 하였고 , 당시 피고인 오○○이 명절이라서 인사를 한 것이라는 취지의 말을 하였다고 진술하였으나 , 검찰에서는 위 경찰에서의 진술과 비슷한 취지로 진술하면서도 , 양주에 대하여는 구체적인 언급이 없 었다는 취지로 진술하였으며 , 이 법정에서는 피고인 오○○과 당시 전화 통화를 한 사 실은 있으나 , 양주를 비롯한 명절 선물에 대하여는 전혀 대화를 나눈 사실이 없으며 , 일반적인 덕담 수준의 이야기를 나누었다고 진술하고 있고 , 남○○은 경찰에서는 양주 가 배송된 후 곧바로 피고인 오○○에게 전화를 하여 “ 왜 이런 선물을 보냈느냐 ” 고 물 으니 피고인 오○○이 명절이라서 보낸 것이니 부담가지지 말아 달라는 취지로 진술하 였으나 , 검찰에서는 전체적인 취지로 보아 피고인 오○○에게 전화를 한 사실은 있으 나 당시 어떤 대화를 나누었는지에 대하여는 기억이 없다는 취지로 진술하였고 , 이 법 정에서는 당시 전화를 하였는지 여부에 대한 기억이 전혀 없다는 취지로 진술하면서 만약 전화를 하였다면 명절에 선물을 보내 주어서 고맙다는 말을 하였을 것으로 추측 된다고 진술하고 있으며 , 한편 임○○은 경찰에서는 확실한 기억은 없지만 당시 피고 인 오○○에게 전화를 하였을 것이라고 진술하였는데 , 검찰에서는 당시 피고인 오ㅇㅇ 이 의례적으로 보낸 선물이라는 생각을 하였으나 , 위와 같이 전화를 한 사실이 있는지 에 대하여 기억이 나지 않는다는 취지로 진술하고 있으며 , 이 법정에서도 검찰에서와 같은 취지로 진술하고 있다 .

(2) Evaluation of statements;

In light of the fact that the above statement made a telephone call to the effect that ○○○ was a member of the political party on both main gifts immediately after the delivery of both main notes, and even though the above statement was not a relative person to the degree of giving and receiving gifts to ○○○ and the above statement was not a person in a friendly relationship with ○○, the prosecutor asserts that in this part of the indictment, it is evidence to acknowledge that ○○ conspiredd by Defendant ○○ in this part of the indictment, in light of the fact that Defendant ○ was aware of the above statement’s sending gifts to the above statement without knowing the above person’s telephone.

Unlike in the investigative agency, the court stated to the effect that there was no memory of talking about gifts at the time of telephone call with Defendant O○○, and that there was a fact that the investigative agency made a telephone call with Defendant O○○ after the delivery of the two weeks.

진술하였으나 , 이 법정에서는 전화통화를 한 사실이 있는지에 대하여 기억이 없다는 취지로 진술하고 있으며 , 임○○은 검찰 및 이 법정에서 양주 배송 직후 피고인 오이 ○과 전화통화를 한 사실이 있는지도 기억이 없다고 진술하면서 , 경찰에서의 진술은 추측에 의한 것이라고 진술하고 있어 진술이 일관되지 않고 있으므로 위 진술인들의 진술을 믿기 어렵다 . 따라서 위 신빙성이 없는 위 진술인들의 진술로 피고인 오○○이 이 사건 범행을 공모하였다고 인정할 수도 없다 ( 설령 위 진술인들이 현재 대전광역시 교육감으로서 위 진술인들의 상급자인 피고인 오○○과의 관계를 고려하여 이 법정에 서 허위의 진술을 하는 것으로 볼 여지가 있어 위 진술인들의 경찰에서의 진술에 신빙 성이 있다고 하더라도 , 복○을은 1999년경부터 대전광역시 교육청에서 근무한 경력이 있어 피고인 오○○이 교육위원으로 근무할 당시부터 친분관계가 있었던 사람이고 , 남 OO , 임○○의 경우 피고인 오○○과는 별다른 친분관계가 없던 것으로 보이기는 하 나 , 위 진술인들이 양주 선물과 관련하여 감사 전화를 하였을 경우라도 피고인 오ㅇㅇ 의 입장에서는 그 통화 자리에서 선뜻 양주를 보낸 사실이 없다는 취지로 말하기는 어 려웠을 것으로 보이는 점 , 별다른 친분관계가 없는 남○○ , 임○○으로부터 양주를 선 물하여 주어 고맙다는 취지의 전화를 받았다는 부분이 양주 배송과 선거 관련성이 있 다는 점을 넘어 피고인 오○○이 이 부분 범죄사실에 공모하였음을 입증할 만한 자료 가 된다고 보기는 어려운 점 등에 비추어 보면 , 위 진술인들의 진술에서 볼 수 있는 정황만으로 이 부분 범죄사실에 대한 피고인 오○○의 공모사실을 입증하기에는 어렵 다고 판단된다 ) .

(C) The statement made by Hong○○

The statements made by the prosecution of Hong ○ and in this court shall be made on the New Year 2004 by the defendant

Along with the statement that gifts were seeed, Defendant ○○ was delivered to Defendant 1 or the Superintendent of the Office of Education on the day of 2004, and there was a difference in cooperation and there was a statement to the effect that Defendant ○ did not make the above talk with Defendant ○ in relation to the two states in this case at the prosecution and this court. However, according to the statement at the investigative agency at the time of Kim○-○, ○, ○○, ○, ○, ○○, ○○, and ○○, the head of the office of education at the time, the head of the office of education at the time, made the statement to the effect that the two shares were delivered to Defendant ○○ in consideration of the fact that the two shares were delivered to Defendant ○ in the name of Defendant ○○. However, from the perspective of Hong○, as seen earlier, there was a lack of evidence to prove that the two shares were delivered to Defendant ○ in large scale as seen in the above case.

(C) With respect to the selection of persons to be delivered for delivery

11. Public prosecutor's assertion

Defendant 1 appears to have not been able to distinguish the school operation committee members in relation to ○○○○○ ○○○ ○○ ○○ ○○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○).

(2) Judgment

However, the prosecutor's above assertion is accepted for the following reasons.

It is difficult to do so.

① 검사가 제출한 2003년도 학교운영위원회 위원 명부의 기재 및 위 피고인들의 변 호인이 제출한 학교 교장 · 교감 명단 ( 제6호증 ) , 2003년 교원명부 ( 제8호증 ) 의 각 기재에 의하면 , 이 사건 양주 배송대상자 중 총 62명의 양주 배송자들 ( 별지 범죄일람표 1 중 순번 2 , 6 , 11 , 22 , 25 , 34 , 39 , 40 , 47 , 55 , 60 , 66 , 71 , 72 , 77 , 84 , 85 , 96 , 106 , 110 , 114 , 129 , 130 , 132 , 134 , 146 , 151 , 156 , 170 , 175 , 176 , 183 , 185 , 186 , 192 , 194 , 195 , 197 , 201 , 206 , 207 , 209 , 210 , 214 , 218 , 221 , 228 , 230 , 231 , 232 , 233 , 235 , 236 , 238 , 244 , 250 , 253 , 260 , 262 , 264 , 265 , 269 ) 은 이 사건 양주 배송 당시 학교운영위원이 아니었던 사실 ( 그 구성을 보면 , 그 중 교감이 뒤에서 보는 바와 같이 42명 , 교육청 및 산하 행정기관 교 원직이 17명 , 학부모가 2명 , 기타가 1명임 ) , 이 사건 양주 배송대상자 중 총 43명의 양 주 배송자들 ( 별지 범죄일람표 1 중 순번 2 , 186 , 187 , 193 , 199 , 201 , 206 , 207 , 209 , 210 , 211 , 214 , 215 , 217 , 218 , 220 , 223 , 226 , 228 , 230 , 231 , 232 , 233 , 234 , 236 , 239 , 240 , 241 , 242 , 245 , 249 , 250 , 251 , 253 , 256 , 257 , 260 , 263 , 264 , 266 , 267 , 269 , 270 ) 은 이 사건 양 주 배송 당시 대전광역시 소재 초 · 중 · 고등학교의 교장 내지 교감이 아니었던 사실 ( 결국 위 양주를 배송한 교장 내지 교감의 수는 227명인바 , 이는 당시 대전광역시 교육 청 관내 초 · 중 · 고등학교의 교장 내지 교감의 총수인 약 535명의 약 40 % 에 해당하는 인원임 ) , 한편 초 · 중 · 고등학교의 교감은 당연직 학교운영위원이 아닌데 , 이 사건 양 주 배송 당시 총 70명 ( 별지 범죄일람표 1 중 순번 3 , 6 , 9 , 11 , 12 , 15 , 22 , 25 , 33 , 34 , 39 , 40 , 47 , 55 , 60 , 66 , 71 , 72 , 77 , 83 , 84 , 85 , 89 , 96 , 105 , 106 , 110 , 114 , 115 , 129 , 130 , 131 , 132 , 134 , 142 , 146 , 151 , 156 , 157 , 162 , 166 , 170 , 175 , 176 , 180 , 183 , 185 , 188 , 192 , 194 , 195 , 197 , 200 , 204 , 212 , 216 , 221 , 225 , 235 , 237 , 238 , 244 , 246 , 247 , 248 , 255 , 259 , 262 , 265 , 268 ) 이 대전광역시 소재 초 · 중 · 고등학교의 교감이었고 , 이 중 42명 ( 별지 범 죄일람표 1 중 순번 6 , 11 , 22 , 25 , 34 , 39 , 40 , 47 , 55 , 60 , 66 , 71 , 72 , 77 , 84 , 85 , 96 , 106 , 110 , 114 , 129 , 130 , 132 , 134 , 146 , 151 , 156 , 170 , 175 , 176 , 183 , 185 , 192 , 194 , 195 , 197 , 221 , 235 , 238 , 244 , 262 , 265 ) 이 이 사건 양주 배송 당시 학교운영위원이 아니었던 사실을 각 인정할 수 있는바 , 위 인정사실에 의하면 , 위 배송 당시 학교운영위원이 아 닌 사람들 중 일부가 향후 교육감 선거시에는 학교운영위원으로 될 수도 있다는 점을 예상하였을 가능성까지 감안한다 하더라도 , 피고인 이○○이 피고인 오○○의 관여 없 이는 이 사건 양주배송 대상자를 선정할 수 없었을 것으로 보이지는 않고 , 피고인 이 ○○의 변소와 같이 2003년 교원명부와 그밖에 메모를 기초로 하여 양주 배송 대상자 를 선정하였을 가능성을 배제할 수 없다 ( 각 삼성택배 운송장 사본의 각 기재에 의하면 , 피고인 이○○은 위 양주 배송신청 당시 배송 대상자의 직함을 표시함에 있어서 대부 분의 경우 , 2003 . 4 . 에 2003년 교원명부가 발간된 이후 위 배송 당시까지 사이에 변동

된 인사이동 내용을 반영하고 있기는 하지만 , 별지 범죄일람표 1 순번 22 김○○ , 55 남 ㅇㅇ , 61 박○○ , 94 신○○ , 95 신ㅇㅇ , 111 육○○ , 129 이○○ , 131 이○○ , 141 이 00 , 155 정○○ , 156 장○○ , 183 황○○ , 205 노OO의 경우에는 교장 또는 교감임에

In light of the fact that he did not indicate his position in the Do, the list of teachers in 2003 in space is out of the list of teachers, rather than data such as the list within the office of education, and there is a possibility of supplementary utilization of the body that Defendant ○○ has been arranged from time to time at the time of personnel movement announcement.

On the other hand, in light of the fact that the two states of this case were delivered only to the chief of the office of education who is not a general service among the chief of the office of education, and that the defendant Lee ○○ stated in this law that he was not well aware of the fact that he was employed by the office of education in general service and teachers, there is a doubt that the defendant O○○ does not take part in the process of selecting the persons subject to the two states delivery.

However, in light of the fact that the employees working at the Office of Education of ○○○’s Office of Education are divided into teachers’ and general service, there is room for doubt as to whether the statement that accurately raised about the facts can be accepted as a statement to the effect that the director of the office of education among the directors of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the department of the case

㉢ 또한 2004년 설 특판 당사 배송 등본 , 각 OO택배 운송장 사본의 각 기재에 의 하면 , 위와 같이 양주 배송 대상자 중 학교운영위원이 아니었던 총 62명이 2004 . 1 . 17 . 및 19 . 배송자 명단에 포함되어 있는 사실 ( 피고인 이○○이 양주를 구입한 OO 대전 ㅇㅇ점 부점장 신○○의 검찰에서의 진술에 의하면 , 피고인 이○○은 2004 . 1 . 17 . 양주 177병에 대한 배송을 의뢰하였고 , 같은 달 19 . 93병에 대한 배송을 의뢰하였으며 , 수취 인 불명이나 수취거부로 반송된 양주 35병에 대하여는 같은 달 27 . 경에 주소를 확인하 여 재배송을 시도하였다는 것이다 ) 을 인정할 수 있고 , 위 인정사실에 의하면 , 검사의 주장과 같이 양주가 반송되는 과정에서 일부 피고인들과 친분관계가 있는 학교운영위 원들이 비로소 포함된 것으로 보이지도 않는다 .

(a) Meanwhile, some of the persons elected as a school operating member in 2004 among those who were not former school operating members at the time of delivery of the two States, however, it is difficult to think that the above circumstances merely serve as evidence proving the relationship with the two States shipping in the instant case, and that there was evidence to determine whether Defendant O○○ was recruited or not.

① 이 사건 양주 배송 대상자 중에는 교육감 후보로 출마한 최○○ , 최○○ , 송○○ 이 포함되어 있는데 , 이 사건 양주 배송 당시 위 사람들이 교육감 후보로 출마가 예정 된 상태였다면 , 이를 충분히 알 수 있었던 피고인 오ㅇㅇ의 입장에서는 위 사람들에게 양주를 배송할 리도 없었을 것으로 보인다 { 검사가 주장하는 대전광역시 교육청 교육국 장으로서 교육감 후보로 출마한 사람은 송○○ 후보를 지칭하는 것으로 보이는데 , 이 사건 양주 배송 당시 교육청 교육국장은 손부일이었으므로 ( 송○○은 2004 . 2 . 경 인사에 의하여 대전광역시 교육청 교육국장으로 발령받았다 ) 이에 관한 검사의 주장은 착오에 의한 것으로 판단된다 .

▣ 그리고 , 피고인 오○○ , 이○○의 변호인의 주장에 따르면 , 위 양주 배송 대상자 중에는 위 배송 직후부터 교육감 선거가 있기까지 사이에 정년퇴임을 한 교장들이 적 어도 16명 { 위 배송 직후인 2004 . 2 . 28 . 자로 8명 ( 별지 범죄일람표 1 순번 168 , 184 , 205 , 213 , 219 , 224 , 243 , 258 ) , 그 후 같은 해 6 . 30 . 자로 1명 ( 같은 일람표 순번 27 ) , 같은 해 8 . 31 . 자로 7명 ( 같은 일람표 순번 74 , 92 , 101 , 104 , 191 , 208 , 229 ) } 이나 포함되어 있다고 주장하고 , 이에 대하여 검사가 다투고 있지 아니하며 , 2004 교원명부 , 각 선거인명부의 각 기재에 의하면 , 위 피고들 변호인의 주장이 사실인 것으로 추인된다 . 한편 , 피고인

○○ appears to have been the chairman of the Board of Education as the chairman of the Board of Education to have had information on the school principals scheduled to retire. However, in light of the fact that the retirement becomes disqualified as a member of the teachers due to the retirement, and that the two shares were delivered to many school principals who will not have the right to vote in the election of the Superintendent of the Office of Education, it is not possible that Defendant ○○ was not involved in the above two main delivery process.

③ Sub-committee

In the end, it is judged that it is not possible to recognize the public invitation of the defendant ○○ in relation to the selection of the delivery recipients.

(d) Other circumstances

① 피고인 오ㅇㅇ , 이ㅇㅇ의 이 법정에서의 진술 태도에 비추어 보면 , 피 고인 오ㅇㅇ , 이ㅇㅇ이 교육감 선거가 실시되기 약 11개월 전 이 사건 양주를 구입할

당시부터 이 부분 공소사실이 선거운동으로 문제가 생기는 경우 공모관계를 부인하기 위하여 계획적으로 철저하게 피고인 오○○이 양주 구입 · 배송 과정에 개입하지 않은 것처럼 보이게 할 정도로 치밀한 성격의 소유자라고 보이지도 않는데 , 피고인 오ㅇㅇ 은 교육위원회의 직원들에게 줄 명절 선물을 선정하여 줄 것을 피고인 이○○에게 부 탁한 후 2004 . 1 . 16 . 및 18 . 에 OO 대전 ○○점에 가서 결제를 하였던 것으로 보이는 바 , 그 과정에서도 전혀 이 사건 양주 구입에는 관여하지 않았던 것으로 보인다 .

② Meanwhile, the two states of the instant case were enclosed with Defendant O○○’s name, and the mass name was used in the delivery of the two states, even though there is no doubt as to whether Defendant O○ did not commit a crime under this part of this case, the Defendant did not have any doubt as to whether Defendant O○ did not commit a crime.

It is argued that ○○ has used the name of Defendant OO which is kept under the name of the consignee of the Defendant’s house, for the two-way delivery. Therefore, it is judged that such doubt may not be a critical circumstance as to whether or not there is a conspiracy in this part.

③ 또한 이 사건 양주 구입비용이 700만 원에 이르러 적지 않은 금액인 데 , 위와 같은 큰 돈을 처인 피고인 이○○이 사용하는 것에 대하여 피고인 오○○이 전혀 모르고 있었다는 것에 대하여도 의심이 드나 , 위 피고인들은 평소 집안의 대소사 를 피고인 이ㅇㅇ이 모두 알아서 주관하여 왔다는 것이므로 이러한 의심 또한 피고인 오○○의 공모에 대한 유력한 정황으로 볼 수는 없다 .

C. Conclusion

In light of the general sentiments, it is true that Defendant ○○○ may not commit this part of the crime, including the fact that Defendant ○○ had known about the fact that Defendant ○○ had delivered the two shares to the operating members of the ○○○○○, even after the lapse of the New Year’s Year 2004, in spite of the fact that Defendant ○○ had sufficiently known about the fact that Defendant ○○ delivered the two shares to the operating members of the ○○○○○, from the investigation agency to the instant court, on December 2, 2004, the Superintendent of the Office of Education finished the election at issue, and there was a vindication that Defendant ○○ was aware that Defendant ○○ delivered the two shares to the operating members of the ○○○, who was a party to the couple’s election at issue.

However, the conviction in a criminal trial ought to be based on the evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt. If there is no evidence to establish such a degree of conviction, even if there is doubt that the defendant is guilty, the judgment should be based on the interests of the defendant. As seen earlier, the heavy principle in such criminal trial should be applied without room for the conspiracy of crimes.

As to the instant case, as seen in the foregoing paragraph (2) above, as to whether Defendant ○○ conspired with Defendant ○○ and committed this part of the crime, the evidence submitted by Defendant ○○ alone cannot be readily concluded that Defendant ○○ committed this part of the crime in collusion with Defendant ○○ in collusion with Defendant ○○.

Ultimately, there is no evidence to acknowledge the conspiracy of Defendant O○○’s crime on this part, and thus, Defendant O○’s crime on this part constitutes a case where there is no evidence of criminal facts, and thus, Defendant is acquitted under the latter part of Article 325 of the Criminal Procedure

2. Of the facts charged in the instant case, Defendant Lee ○○, O○, Ma○○, and Kim in collusion with the Defendant.

OO, Kim○, Kim○, Kim○, Kim○, Kim○, Kim○, Kim○, Kim○, Park○, Park○○, OO, Su-O, Su-○, leap○, leap○, and objection.

○ , 이ㅇㅇ , 이ㅇㅇ , 이ㅇㅇ , 정ㅇㅇ , 조○○ , 정ㅇㅇ , 박○○에게 전화로 선거운동을

part of the court's finding

A. Summary of the facts charged

이 부분 공소사실의 요지는 피고인 오○○ , 이○○이 공모하여 위 피고인들의 집 내지 이 사건 오피스텔에 각 설치된 전화 또는 피고인 이○○의 휴대전화로 공소외 오 ㅇㅇ , 정○○ , 김ㅇㅇ , 김ㅇㅇ , 김○○ , 김ㅇㅇ , 김ㅇㅇ , 박○○ , 유○○ , 심ㅇㅇ , 윤○○ , 윤○○ , 이ㅇㅇ , 이ㅇㅇ , 이ㅇㅇ , 이ㅇㅇ , 정○○ , 조○○ , 정○○ , 박○○에게 전화를 하 여 제5대 대전광역시 교육감 선거에서 피고인 오○○에 대한 지지를 호소하는 방법으 로 선거운동을 하였다는 것이다 .

B. The assertion and judgment

(1) Although the above Defendants made a telephone conversation against the above contracting parties as stated in the facts charged, the above Defendants denied election relation by asserting that they merely made a daily call, such as asking an individual outright as a person who is well aware of the above Defendants, and that they did not call in the superintendent of education to appeal for support from the Defendant ○○ in the election of the board of education.

( 2 ) 살피건대 , 이 부분 공소사실에 대하여 선거 관련성을 입증하기 위하여 검사가 제출한 증거로는 통신이 용선거운동에 대한 수사보고 등본 ( 오OO , 정해진 부분 ) , 통신이 용선거운동에 대한 수사보고 ( 2 ) 등본 ( 김○○ , 김○○ , 김○○ , 김○○ 부분 ) , 통신이 용선 거운동에 대한 수사보고 ( 3 ) 등본 ( 김○○ , 박○○ , 유○○ 부분 ) , 통신이용선거운동에 대 한 수사보고 ( 4 ) 등본 ( 심ㅇㅇ , 윤○○ , 윤ㅇㅇ , 이ㅇㅇ , 이ㅇㅇ , 이ㅇㅇ , 이ㅇㅇ 부분 ) , 통 신이 용선거운동에 대한 수사보고 ( 5 ) 등본 ( 정○○ , 조○○ , 정○○ , 박○○ 부분 ) 이 있으 나 , 위 증거들에 대하여는 위 피고인들이 증거로 함에 부동의 하였는바 , 위 증거들은 증거능력이 없고기록에 의하면 , 사법경찰관이 작성한 위 각 수사보고서는 수사기관인 사법경찰관이 위 공소외인들에게 전화를 걸어 그 대화내용을 기재한 후 위 공소외인들 의 서명 또는 기명 날인이 없이 위 사법경찰관만 기명날인을 한 것으로 전문증거에 해 당한다고 할 것인바 , 전문증거는 형사소송법 제310조의2에 의하여 제311조 내지 제316 조에 규정된 것 이외에는 이를 증거로 삼을 수 없는 것인데 , 위 각 수사보고서는 제 311조 , 제312조 , 제313조 , 제315조 , 제316조의 적용대상이 되지 아니함이 분명하므로 ( 위 각 수사보고서가 제313조의 진술을 기재한 서류에 해당하는지가 문제되나 , 제313조가

In order to be applied, the person’s signature or seal shall be affixed to the document in which the statement is written. Each of the above investigation reports shall be signed and sealed by judicial police officers, and there is no signature or seal of the above person who made the original statement, and each of the above investigation reports shall be admissible, and the same shall apply to the statement that judicial police officers, who made the statement, stated the contents of the investigation report as true as the contents of the telephone call in the court, even if they stated the contents of the investigation report as true in the court). Each of the above call subjects's legal statements also made a telephone call with the defendant ○○ as shown in this part of the charges, but there is no evidence to acknowledge this part of the charges.

C. Conclusion

Therefore, since the facts charged in this part of the facts charged constitute a case where there is no proof of crime, it should be pronounced not guilty under the latter part of Article 325 of the Act on the Aggravated Punishment, etc. However, as long as Article 2-1(a) and (b) are recognized as a violation of the Local Education Autonomy Act by each advance election campaign as stated in the facts charged, a violation of the Local Education Autonomy Act by violating the Restriction Provisions during the period of an election campaign period, or a violation of the Local Education Autonomy Act by the election campaign by the election day, the charges for this part of the facts charged shall not be pronounced not guilty.

Reasons for sentencing

1. Defendant Lee Dong-young

In light of the fact that Defendant ○○ appears to have committed the crime of violation of the election law identical to the instant case for the purpose of his husband’s election at the superintendent of the office of education, the portion of the school operation committee members delivered the two owners of the instant case among the entire school operation committee members, and the timing of delivery of the instant two owners, it appears that the instant two owners delivery act did not have a significant influence on the result of the election at the superintendent of the office of education’s election. The instant case was not investigated by the election commission upon the illegal election campaign at the election commission and the investigation was not initiated by accusation, but by raising a suspicion in relation to the election at the forces supporting other superintendent of education after the election is completed; Defendant 2 was tried.

It can be seen that ○○ was an initial offender who had never been punished at all, taking into account the favorable circumstances in favor of Defendant ○○.

However, in order to promote the creation of a fair and clean election climate in our society, all legal election campaigns should be subject to corresponding sanctions, and the act of delivering 270 soldiers to school operation members, etc. with a view to affecting the election of the military and the school, in light of its scale, it is necessary to strictly engage in illegal acts that disrupt the order of election, disrupt the fairness with other candidates who engage in election campaigns in a legitimate manner, affect the elector's reasonable decision, and promote only the election of candidates by distorted the public.

In addition, considering all the factors that serve as the conditions for sentencing specified in the records of the instant case, the sentence shall be determined as ordered against the Defendant ○○○, and the execution of the sentence shall be suspended only once, taking into account the favorable circumstances for the Defendant ○○.

2. Defendant Oral ○

As seen earlier, Defendant O○○’s crime of this case was committed on the grounds of sentencing by Defendant O○○.

It is true that there is room for consideration.

However, the superintendent of the Office of Education, as the highest person responsible for the performance of affairs concerning the education and art and education of the City/Do, shall be able to prevent his/her duties, and the Local Education Autonomy Act requires the superintendent of the Office of Education to leave the school by the vote of the members of the School Governance Committee in order to consider the autonomy and expertise of education and the specificity of local education, while excessive election campaigns cause the autonomy and expertise of education.

In order to prevent damage, unlike that the Public Official Election Act lists the prohibited and restricted election campaigns, and allow free election campaigns, the other is restricted to list the types of the permitted election campaigns and prohibit any other election campaigns. In light of the legislative intent of this Act, Defendant ○○○’s crime of this case, which committed an illegal election campaign against school operation committee members with the right to vote of the superintendent of the board of education, cannot be deemed to be less than the nature of the crime.

Defendant O○ used a list of school construction committees acquired using the position of the chairman of the Daejeon Metropolitan City Board of Education for an election campaign, and there is a doubt as to whether Defendant O○ used the instant officetels as an election campaign office in a planned manner by peeping it into the situation in which the instant officetels was operated as an election office.

In addition, Defendant OOOO made an election campaign by telephone to school operation members until the election day which is absolutely prohibited by the law as a relation that may have a decisive influence on the election of the Superintendent of the Office of Education. This is an act that should not be allowed for any reason.

In addition, even though there was a death penalty of a fine of KRW 50,000,00,000, which was imposed on August 31, 2001 by the Daejeon District Court on December 19, 2000, Defendant OO○ committed the instant crime.

It seems reasonable to make a judgment corresponding thereto in terms of the general prevention of crimes where punishment is imposed, since it is not eradicated or re-regulates the above illegal election campaign, if the public perception that the illegal election campaign in this case, which is low in the superintendent's election, is applied to the election campaign in a clean and fair manner than any one election, is likely to be applied to the public and the candidates of the superintendent's office of education.

Article 162 of the Local Education Autonomy Act provides that "if the elected person is sentenced to imprisonment or a fine exceeding one million won on account of committing a crime prescribed by this Act in the election in question, the elected person shall be deemed to be disqualified by election even if he is sentenced to a fine exceeding one million won, which can be deemed to be a relatively minor punishment, in the case of a general criminal offense, even if the elected person is sentenced to a fine exceeding one million won, the qualification acquired by election shall be forfeited, in principle, in consideration of the past history of our election and against the election law, it is reasonable to lose his qualification in case of a violation of the election law.

In addition, considering all the factors indicated in the records of the instant case, the sentence shall be determined as per the disposition.

3. Defendant Yellow ○○, Guide

The crime of this case by Defendant 1, 1, 1, 2, 2, 3, 3, 4, 4, 1, 1, 1, 1, 1, 2, 2, 2, 3, 2, 3, 3, 3, 3, 4, 3, 4, 1, 4, 1, 1, 1, 1, 1, 3, 1, 1, 2, 1, 3, 1, 3, 1, 3, 1, 1,

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