Cases
207 Highest 3758 Gong100
Defendant
1. The Director General of the National Assembly related to news gathering (00 million won-000-000), 00 newspapers;
residential Gyeongnam 00 00 Myeon
Permanent domicile 00 00 00 Myeon
2. The Director General of the Management Office of the Military Newspapers (00 million won-000-000) or the Director General of the Management Office of the Military Newspapers;
Residence and permanent domicile 00 00 Gun
Prosecutor
Magwon
Defense Counsel
Law Firm Future Law Firm, Attorneys Lee Jae-chul (Defendant 500)
Attorney Kim Yong-soo (for the defendant 100):
Imposition of Judgment
December 28, 2007
Text
The Defendants are not guilty.
The purport of the above judgment shall be publicly announced.
Reasons
Criminal facts
1. Summary of the facts charged
Defendant Gangwon-do is a person working as a Director-General of the news gathering station located in 00 local 00 Do-nam 00 Do-nam 00 Do-ri 00 Do-ri, and Defendant Cho Jong-soo is a person working as a Director-General of the Civil Newspapers Office located in 00 Do-nam 00 Do-ri 00-00 Do-nam 00 Do-ri;
A. On November 3, 2006, Defendant Gangnam-nam 00 00 000 000 00-00 - 00 - 00 - 00 - 00 , and found the fact that the industrial machinery was illegal in the process of producing a cream, if the victim did not make an advertisement in the newspaper, he shown his attitude that he would post an article disadvantageous to the above company without any advertisement, and he received 80,000 won as advertising expenses from around March 3, 2006 to May 21, 2007 as indicated in the attached list of crimes (1), and then he received a total of 6630,000 won as advertising fees by the same method over a total of 10 times from March 3, 2006 to May 21, 207;
나. 피고인 조QQ은 2007. 4. 중순경 경남 00군 00 00리 00-00 소재 피해자 김00 운영의 ①0 산업기계가 크레인을 제작하는 과정에서 불법적으로 도장을 한다는 점을 알고 찾아가 피해자에게 만약 신문에 광고를 내지 않으면 위 업체에 불리한 기사를 게재할 듯한 태도를 보여 이에 겁을 먹은 그로부터 같은 달 17.경 광고비 명목으로 110만 원을 교부받아 이를 갈취한 것을 비롯하여 2005. 8. 1.경부터 2007. 10. 25.경까지 사이에 별지 범죄일람표 (②) 기재와 같이 총 12회에 걸쳐 같은 방법으로 광고료 명목으로 721만 원을 교부받아 이를 각 갈취하였다.
2. Determination
According to the prosecutor's statement statement as to the evidence, which seems consistent with the facts in the facts in the instant case, such as Kim 00, Kim 00, Kim 100, Kim 000, Kim 100, Kim 00, Kim 000, Kim 00, and Hwang 00, according to the prosecutor's protocol of statement, etc., it is recognized that some victims of the facts in the facts in the instant charges are likely to be exposed
However, even though the Defendants, the reporter of a local newspaper that is in an inferior financial situation, appear to be one of the business affairs to allow advertising against the local company. Therefore, even if the Defendants requested to publish the advertisement by finding no coverage or the company with weak points, the act itself should not be readily acknowledged that the act itself constitutes the act of interference immediately. Furthermore, the above evidence alone exceeds the extent of requesting the publication by the Defendants to do so, and as stated in the facts charged, if the Defendants did not advertise to the victims, it is not sufficient to recognize that the victims would have spent food advertising expenses. Accordingly, it is insufficient to recognize that the Defendants would have spent food advertising expenses to the victims, and there is no other evidence to acknowledge this point.
3. Conclusion
Thus, since each of the above facts charged constitutes a case where there is no proof of crime, all of the charges should be acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment should be publicly announced under Article 58(2)
Judges
Judges Kim Gin-jin