206Gohap63 Violation of the Public Official Election Act

1. Maximum○○ (530105- - 2 ****) and note

Hongsung-gun, Hongsung-gun

Permanent domicile: Hongsung-gun Red-gun

2. Between Bilateral, (60206- - 2 *****) and Notes

Residence and permanent domicile, Hongsung-gun Redbuk-gun

3. Newly Inserted by Act No. 661018- 2 **** *) Madles

Residence Hong-gun, Hong-gun, Hong-gun

Permanent address: the case of the Sound Group in Chungcheongnam-gu

4. Places (610815 - 2 *****), insurance solicitors.

Hongsung-gun, Hongsung-gun

Permanent domicile: Busan Jin-dong

New Jinzin

October 16, 2006

Defendant 1’s maximum amount of Defendant 1’s fine of KRW 3,00,000; Defendant 1’s fine of KRW 1,00,000; Defendant 1’s penalty of KRW 2,00

2 2 ,00,000 won, respectively, shall be punished.

When the Defendants did not pay the above fine, the Defendant converted the amount of KRW 50,000 to one day.

by attracting persons in a workhouse.

To order the Defendants to pay the amount equivalent to the above fine.

Facts of crime

피고인 최○○은 2006 . 5 . 31 . 실시된 제4회 전국동시지방선거에서 홍성군의회의원 후 보로 출마한 김◆◆의 선거사무장 , 피고인 백●● , 장소 , 신◎◎은 모두 김◆◆ 후보 의 선거사무원들이었다 .

Defendants

No person may distribute printed matters, etc. indicating the candidate’s name to influence the election from 180 days before the election day to the election day:

1. The Defendant ○○, and Blue House in collusion with the Defendant:

On May 25, 2006: 14: 00 to 16: 0,00 Hongsung-gun Hong-gun, Hongsung-gun, Hongsung-si, Hongsung-dong, Hyundai Am.

트에서 김◆◆ 후보의 명함을 아파트 각 세대 출입구에 꽂아 놓는 방법으로 명함

approximately 430 copies distributed, and

2. The location of the defendant, the knives of knives in collusion;

14: From 00 to 16: from 00 to 00, the apartment complex in the middle of the same Eup.

김◆◆ 후보의 명함을 아파트 각 세대 출입구에 꽂아 놓는 방법으로 명함 약 450장

distribution was made.

Summary of Evidence

1. Defendants’ respective legal statements

1. The defendants' statement of each prosecutor's interrogation protocol prepared by the prosecutor

1. Each description of the accusation note and other accompanying documents;

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 255(2)5, 93(1)5, and 30 of the Criminal Act

1. Determination of punishment;

Defendant 1: A fine of KRW 3 million; Bront Balk, Madle, and place: A fine of KRW 2 million for each of the cases; a fine of KRW 2 million; a detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on Defendants’ assertion

The Defendants asserted to the effect that the distribution of the name cards of the candidate was made unafford without any awareness that it was in violation of the Public Official Election Act, and that there is no criminal intent or there is no responsibility under Article 16 of the Criminal Act.

However, the Defendants’ assertion is merely a mere fact that they did not know about the acts prohibited by the Public Official Election Act at the time of committing the crime, and thus constitutes a mere legal site. In other words, all the Defendants were in the election campaign period at the time of committing the crime of this case, which is, the following circumstances acknowledged by the evidence, and distributed the name of two persons without wearing at all trts and hats for the election campaign (the name of the candidates, marks, names, etc. are indicated) despite the fact that they were less time to carry out the election campaign. In light of the fact that all the Defendants acted as above in order to avoid the election campaign prior to the death, it is difficult to view that the Defendants did not have any criminal intent to commit the crime of this case, or that there is a justifiable reason that falls under the mistake of the law under Article 16 of the Criminal Act. The Defendants’ assertion on sentencing is not acceptable.

비록 피고인들에게 별다른 전과 없고 , 이번에 처음으로 선거사무에 관여한 점 등 양형 에 유리한 요소가 있기는 하다 . 그러나 피고인들은 모두 김◆◆ 후보의 선거사무장과 선거사무원으로서 위에서 본 바와 같이 사전에 이 사건 범행과 같은 방식의 선거운동 이 공직선거법에 저촉된다는 사정을 충분히 알고 있었음에도 불구하고 , 김◆◆ 후보의 당선에 영향을 미치게 할 목적으로 선거일 바로 직전에 대단위 아파트단지를 중심으로 ( 현대아파트와 부영아파트는 바로 인접해 있다 ) 명함 880장을 배부하였고 , 결국 김◆◆ 후보가 이번 지방선거에서 당선된 점에 비추어 피고인들의 이러한 행위가 김◆◆ 후보 의 당선에 전혀 영향을 미치지 않았다고는 단정짓기 어렵다 . 나아가 피고인들이 저지

The violation of election law, such as the instant crime, has been highly likely to undermine the establishment of a fair election culture, and has been prohibited in the past. In addition, in light of the Defendants’ age and character, character and conduct, intelligence, environment, education level, etc., there is a high need to strictly punish the Defendants by carrying out an unlawful election campaign. Defendant ○○○, who is punished by a fine of KRW 3 million, and both the remaining Defendants are punished by a fine of KRW 2 million.

Judges Kim Jong-soo

Sycho-hon.

Kim Jong-young