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(영문) 의정부지방법원 2008. 7. 18. 선고 2008고합145 판결
[공직선거법위반][미간행]
Escopics

Defendant

Prosecutor

Park Jong-man

Defense Counsel

Attorneys Lee Jae-young et al.

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

Criminal facts

【Advanced Facts】

On October 26, 2007, the Defendant was sentenced to a fine of 800,000 won on the charge of violating the Public Official Election Act by the District Court of the Republic of Korea on February 1, 2008.

【Criminal Facts】

The defendant is the vice-chairperson of the Seocho-gu Incheon Metropolitan Council, and the representative director of the Saemaeul Council, an incorporated organization of the Gu/Si/Gun of the Saemaeul Movement Council, shall be the chairperson. The representative of the Gu/Si/Gun organization of the Saemaul Movement Council, which is a national movement organization established under a special Act, contributed or subsidized by the State or a local government, shall not engage in

1. Nevertheless, on March 27, 2008, the Defendant carried out a campaign to have Nonindicted Party 1 elected by entering the election campaign committee meetings held in the election campaign office of Nonindicted Party 1, which is held in the election campaign office of the 18th member of the National Assembly member of the Republic of Korea, Hancheon-si, Si/Gu, Dong-si, which is scheduled to carry out on April 9, 2008 at the cleaning park located in the Gu-Si/Gu-si, Si/Gu-Eup, for the purpose of getting Nonindicted Party 1 elected by entering the election campaign committee meetings held in the election campaign office of Nonindicted Party 1, who continued to carry out the election campaign of the 18th member of the National Assembly.

2. Around 11:00 on March 30, 2008, the Defendant carried out Nonindicted Party 1 at a folklore located in Sincheon-si, Sincheon-si, Sincheon-si, and carried out an election campaign to make Nonindicted Party 1 elected, “I request support for Nonindicted Party 1’s election” to an unspecified number of electors.

3. At around 14:00 on April 4, 2008, the Defendant carried out Nonindicted Party 1 in the Macheon-si, Macheon-si, Macheon-si, Mancheon-si, Mancheon-si, and requested many unspecified voters to support “I am well for Nonindicted Party 1 candidate,” and carried out an election campaign to have Nonindicted Party 1 elected.

4. On April 5, 2008, the Defendant carried out an election campaign at the entrance of the Macheon-si, Macheon-si, Macheon-si, with the spouse of the above candidate who carried out an election campaign, at the same time, from the entry of the Macheon-si, Macheon-si, Macheon-si, the Defendant carried out an election campaign to instruct and assist the spouse and election campaign workers of the candidate who requested the support of the candidate at the above Macheon-si, the Defendant carried out an election campaign to make him elected.

5. On April 6, 2008, from around 11:00 to July 12:00 of the same month, the Defendant visited the office at the office of Nonindicted Incorporated Co. 5, the two sides of Sincheon-si, Seocheon-gu, Yangcheon-si, to the electorates such as the post-election, and carried out an election campaign by demanding support from Nonindicted Co. 1.

Summary of Evidence

1. Defendant's legal statement;

1. All on-site photographs;

1. A certificate of employment;

Application of Statutes

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

Articles 255(1)1 and 60(1)8 of the Public Official Election Act (Selection of Fines)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the severe penalty for concurrent crimes prescribed in the Public Official Election Act on April 6, 2008)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

Judge Park Jong-jin (Presiding Judge)

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