(영문) 대전지방법원 2007.2.7.선고 2006고합433 판결

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Cases

Defendant

Prosecutor

Defense Counsel

Imposition of Judgment

Text

Reasons

Judges

Site of separate sheet

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2007.2.7.선고 2006고합433 판결

지방교육자치에관한법률위반

Cases

206Gohap433 Violation of the Local Education Autonomy Act

Defendant

1. A. Kim○○○ (******************)*) and the Superintendent of the Office of Education of ○○ Metropolitan City.

Residence

Permanent domicile

2. Kim △△△△ (*******************) and education members of the ○○ Metropolitan City.

Residence

Permanent domicile

3. Silsan (**********************)) and non-permanent workers.

Residence

Permanent domicile

4. Dental (***********************) middle school teachers and middle school teachers.

Residence

Main Enemy

5. Ebryebry (********************) representative of meal service enterprises and representative.

Residence

Permanent domicile

6.오■■((************--**************)),무직

Residence

Permanent domicile

****************)

Residence

Main Enemy

8 . 조◆◆ ( * * * * * * - * * * * * * * ) , 초등학교 교사

Residence

Permanent domicile

9. Long-gu Seoul Special Metropolitan City (*******************) representative of software developers.

Residence

Permanent domicile

10 . 김♤♤ ( * * * * * * - * * * * * * * ) , 컴퓨터 주변기기 판매업

Residence

Permanent domicile

11. 김★★ ( * * * * * * - * * * * * * * ) , 노동

Residence

Permanent domicile

Prosecutor

Lee Hun-Constitution

Defense Counsel

Attorney Park Jong-soo, Kim Jong-chul (for defendant Kim ○○)

Attorney Song Young-young (for the purpose of Defendant Kim △△ and this right)

Attorney Park Jong-dae (the national election for Defendant 1)

변호사 이주형 ( 피고인 강소 , 오■■ , 박▲▲ , 조◆◆을 위하여 )

Law Firm Masan, Attorneys Park Young-cheon, Park Gyeong-cheon, Park Na-Gyeong, and Landscaping (Defendants)

장☆☆ , 김♤ ♤ , 김★★을 위하여 )

Imposition of Judgment

February 7, 2007

Text

피고인 김○○에 대한 형을 벌금 1 , 500 , 000원으로 , 피고인 오■■ , 장☆☆ , 김♤♤에

대한 형을 각 벌금 1 , 200 , 000원씩으로 , 피고인 강소 , 이●● , 김★★에 대한 형을 각

벌금 1 , 000 , 000원씩으로 , 피고인 박▲▲ , 조◆◆에 대한 형을 각 벌금 700 , 000원씩으로 ,

The punishment for Defendant Kim △△ and △△ shall be determined by each fine of KRW 500,00,00.

If the Defendants did not pay each of the above fines, the Defendants calculated each of the above fines of KRW 100,000 as one day.

shall be confined in a workhouse.

Reasons

Facts of crime

Defendant 1: (a) was elected by ○○ Metropolitan City superintendent’s reelection, which was implemented from July 31, 2006 to August 2, 2006; (b) Defendant Kim △△△△ was elected by going to the election of educational members of the ○○ Metropolitan City, which was implemented on July 31, 2006; and (c) Defendant 1 was a person who was elected by going to the election of educational members of the ○○ City, which was implemented on July 31, 2006; and (d) Defendant 1 was a person who went to the election of the same educational member and

1. Notwithstanding that no one is allowed to carry out an election campaign prior to the election campaign period, the person shall:

가 . 피고인 김○○ , 오■■은 공모하여 ,

On July 7, 2006: 08, at a cafeteria with the trade name, the monthly origin of the "Woo-gu, Daejeon" located in the Songdong-gu, Daejeon.

피고인 오■■은 윤○순 , ○○초등학교 운영위원회 위원인 김○연 , ○○중학교

while serving meals together with Park ○-hee, Kim ○-man, South ○, red column, etc., who is a member of the steering committee:

Defendant ○○ by telephone to Defendant ○○, “The members of the ○ Middle School Steering Committee, and personnel or staff.”

○○ Middle School Steering Committee, such as Park Jong-hee, shall be appointed in sequence by four members, while making a statement to that effect.

In addition, four persons, such as ○○, etc., where the defendant Kim ○ had no usual relationship, and 4 persons, such as the defendant Kim ○.

I am in sequence, “I am YO Kim ○. I am ymbling the good time. I am to the effect that I am.”

A person who gives notice of his/her name to four members of the ○ Middle School Steering Committee;

prior to the election campaign period by means such as making it an election campaign,

나 . 피고인 김○○ , 박▲▲은 공모하여 ,

2006 . 7 . 5 . 경 피고인 박▲▲은 ○○중학교 운영위원회 위원인 조○구에게 전화를

By ging "EOOOOOO's fine," which "I am al.e., support for defendant KimOO".

At the request of the defendant Kim ○ and promised to arrange to communicate with the defendant Kim ○, and then 2006.

7. 12. 12.: Trade name consisting of 50 50 'the number of houses above that of the 'Yangdong-gu, Daejeon'

The telephone from Lestop to Kim ○-○, and "the members of the ○ Middle School Steering Committee"

Hah because he did so, Hah Hah, "," and accordingly, Defendant Kim ○-, as a result, was the above Lehn.

○○ Middle School Operating Committee, the principal of the above Lestop and the principal of the above Lestop and the member of ○○ Middle School

The Kim ○, who is a member of the same school operating committee, shall reach a run-off vote.

There will be no choice but to this time. Do and Do and Do and Do and Do and this will be supported for themselves.

Before the election campaign period by means of issuing a name tag to ○○-gu upon request.

election campaign; and

C. Defendant Kim ○-○, and Prosecutor’s office conspired:

On July 3, 2006: 12 : a cafeteria with one another, "In Seo-gu, Seo-gu, Seo-gu, Daejeon 80 - 23"

In this regard, the defendant strongly supplied the school meals to the ○○ middle school, ○○, and ○○.

The members representing parents of the ○○ Middle School Steering Committee, together with the Defendant, who is the representative director

Having expressed mind to provide meals for the first time, ○○ Office, a member of the above middle school operating committee;

in contact with ○○, leap, Gangwon, ○○, ○○, Ukhee, etc., and gather it as the above restaurant.

On the other hand, a telephone call to Defendant Kim ○-○ is used to provide meals with members of the School Governance Committee.

As a meeting is being held, I domination D. d. "," and accordingly, Defendant Kim ○○.

on the same day: 14th day after visiting the above restaurant at around 00, and the election of the superintendent of the Office of Education at this time

I have the honor to go to the Superintendent of the Office of Education. "I have to go to the Superintendent of the Office of Education."

Except for monthly pay, the total amount of damages will not be the site. Several operating members will assist and bal. “for this purpose.”

the election campaign prior to the election campaign period by requesting support to the person,

라 . 피고인 김○○ , 조◆◆은 권○순과 공모하여 ,

2006 . 7 . 17 . 19 : 00경 대전 중구 유천동에 있는 ' 아리랑 식당 ' 에서 피고인 조◆◆은

○○ Elementary School Operating Committee, a member of the Steering Committee of ○ Elementary School, contact with the members of the ○ Elementary School Operating Committee, the ○○, the ○○, and

The above restaurant shall be gathered to the above restaurant, and the order of jurisdiction shall be telephoneed to the defendant Kim ○○ and ○ elementary school.

Recognizing that there is a meal group for the members of the operating committee, and from the order of authorized ○.

Defendant Kim ○, who was contacted, visited the above restaurant at around 19: 50 on the same day in order of ○.

From this time, "The re-election of the Superintendent of the Office of Education is a candidate for the re-election."

The election is re-scheduled to the superintendent of the Office of Education and re-enters to the superintendent of the Office of Education. A garden is in the same division.

It was well asked because it made the same part, and it is difficult to do so for the development of the education of the same part.

Before the election campaign period by requesting support to the person, the election campaign shall be carried out prior to the election campaign period;

E. Defendant Kim ○-○

On June 21, 2006: mobile phone equipment used by the defendant from Park Jong-ho around 41

(The Telephone Number:*********************) A phone call to ○○, a member of the Steering Committee of ○ High School.

At least 10 days prior to the election campaign period in the manner referred to as " Kim ○○."

The attached Form between July 19, 2006 and July 10: 11, 2006, including the election campaign, from that time.

Members of the steering committee of a school in total of nine times, such as the statement in the list of crimes 1.

8 Name, information, request for support, etc. with respect to one's own name or in currency, etc.

prior to an election campaign period by means, and

2. Defendant Kim △△△, and Between this and two Korea, in collusion:

On July 3, 2006, 12: around 00, at the restaurant the above "Aldogsium", Defendant Gangnam ○, such as Section 1-C.

○○○ Middle School Steering Committee’s six members representing parents are ambiguous, and Defendant 2 is the Defendant.

A meal group shall be held with the members of the ○○ Middle School Steering Committee by posting a telephone to Kim △△△△△.

Accordingly, Defendant △△△△ is a restaurant to the effect that it is "," and accordingly, Defendant △△△△△.

In this regard, “○○○ and Kim △△, who is going to the election of the educational members at this time,” from the Defendant

△△ Party Head: “I have been introduced as “I, I have to do so, one copy of each letter to the above Operating Members. I have to do so. I have to do so.

the election of the education committee members at this time. The statement to the effect that the statement is "......"

an election campaign prior to the election campaign period as prescribed by law,

3. Any person who is elected or has not been elected to an educational commissioner or a superintendent of education for himself/herself or a specific person;

An election supervised by the competent election commission during the election campaign period for the purpose of making it available.

All other than the publication and distribution of official gazettes, the holding of a briefing session, and the interview and debate of the press, etc.

(1) in collusion with the U.S. head of the Si/Gun/Gu, even if the election campaign is not carried out;

On July 21, 2006: 19: A mutually cafeteria consisting of, around 00, Daejeon Jung-dong 416 - 6 "Macheon-dong".

at ○○○ Middle School Operating Committee, ○○○○, a member representing the parents of the members of the members, and the secretary-general;

The following defendant who visited leap, Gangwon-do, ○○, ○○-type, and ○○-type to gather as the above restaurant:

The phone call to the Doe-si shall be opened to the above restaurant, and accordingly the defendant Doe-gu shall be the above restaurant.

The term "Iak-gu that visits a restaurant to the election of educational members at once" from the lecture of the defendant.

It is an educational commissioner who is referred to as "a person who is present at this time to the educational commissioner". The candidate for the superintendent of education shall be present at this time.

The professor of ○○ and the professor of ○○ are in line after the school’s post-marking and simple, and two persons in this election.

A. B. H. H. H. H. H. H. H. H. H. H. for the purpose that the participants can be divided into one name letter.

Provisions on restrictions on election campaigns for the purpose of getting each elected in the election of Defendant Dol and Defendant Kim ○.

Ethical instruments,

4 . 피고인 오■■ , 장☆☆은 공모하여 ,

On June 26, 2006: Gambling person who is a member of ○ Elementary School Steering Committee at around 30, and ○ Middle School Governance Committee at around 30.

Park ○-hee who is a member of the steering committee of ○ Elementary School, Kim ○, a member of the steering committee of ○ Elementary School, and ○ elementary school

Ohee who is a member, ○○, 000 which is a member of ○ Elementary School Steering Committee, and the ○ Middle School Governance Committee

Any school transport in the ○○, such as a principal, a new offender, who is a member of the ○ Elementary School Steering Committee.

In contact with 10 members of the Yeongdeungpo-gu Committee, "Song Kong Tri-gu, Daejeon."

상호의 식당으로 모이게 한 다음 , 피고인 오■■은 " 김○○ 교수님은 평소 검소하고

It is very difficult to say that “The support for Defendant Kim-○” is a method referred to to as “the purpose of this issue.”

By requesting an election campaign prior to the election campaign period, and at the same time meals to the participants;

제공하고 식비 197 , 000원 중 오■■은 30 , 000원을 , 장☆☆은 97 , 000원을 각각 출연

by making contributions in relation to re-elections by the superintendent of the office of education,

5 . 피고인 박▲▲은

Section 1-b. As described in Paragraph 1-b, Defendant Kim ○-○, a member of the School Governance Committee, and Kim ○-○

The participants who are provided with opportunities to request support in connection with the Superintendent of the Office of Education or the Superintendent of the Office of Education

the Superintendent of the Office of Education by providing meals equivalent to KRW 16,00,00, 160, such as roasting boomed rice, etc.

shall make contributions in relation to such acts:

6. Defendant 5’s lawsuit, and B/L B/L, in conspiracy:

Pursuant to paragraphs (3) and (2), as stated in paragraphs (1) and (2), Defendant Kim ○○ and Defendant Kim △△△.

For six members for parents of the steering committee, a re-election or educational member of the office of education in the O Metropolitan City, respectively.

130,000 won,00 won

After providing meals and alcoholic beverages equivalent thereto, the amount of meal costs by the Defendant’s class by credit card;

After the settlement, the superintendent of the Office of Education or the Superintendent of the Office of Gender Equality is repaid from the defendant

shall make contributions in connection with the election of educational members,

7. Defendant’s lawsuit

As described in paragraph (3), the ○○ Middle School Steering Committee shall provide for the members of the ○○ Middle School Steering Committee to Defendant △△.

b) provide participants with opportunities to request support in the election of educational members;

Contributions in connection with the election of educational members by providing meals and alcoholic beverages equivalent to KRW 291,00,00;

act, and if any;

8 . 피고인 조◆◆은

Section 1-D. The members of the ○ Elementary School Steering Committee to Defendant Kim ○, as described in paragraph (1).

In order to provide the participants with an opportunity to request support from the Superintendent of the Office of Education or the Superintendent of the Office of Education

99. Donation in relation to re-election by providing meals and alcoholic beverages equivalent to KRW 000,00.

act, and if any;

9. Notwithstanding that no person is allowed to conduct an election campaign prior to the election campaign period, the defendant;

The head of the Do shall:

(a) On July 13, 2006 09: Seosan-dong, Seo-gu, Daejeon, the office of the defendant at around 30, 921

1813 'N', 'N', 'N', 'N' (e.g., ○○)

Lee-gu, the chairman of the steering committee of a self-high school, and Kim ○○, the member of the steering committee of ○ elementary school

“Dtnews24.com 1318” on the cellular phone 1318, and the liquor tax invoice is required to vote for the thickness of the Kim Professor.

An election campaign before the election campaign period by sending text messages with the content that it is called shall be made.

and, if any,

(b) On July 14, 2006: A school steering committee, including Dong-gu, in the same manner at the same place around 19:

The three members of the Committee “D-Ws24.com’s request for the Liquor Tax Administration to participate in the voting.”

An election campaign before the election campaign period by sending text messages with the content that it is called shall be made.

and, if any,

10. No person may conduct an election campaign prior to the election campaign period, as well as his or her own or specific information.

An election campaign for the purpose of getting or not to be elected as an educational member or superintendent of education;

publication and distribution of election campaign bulletins supervised by the competent election commission for a period of time;

No one shall conduct any election campaign except for interviews or discussions to which press, etc. are invited to hold a meeting to present opinions, and for interviews or debates;

아니됨에도 불구하고 , 피고인 김♤♤은

(a) On June 9, 2006, at Daejeon, ○○○, etc. (the phone number:******************) - ○○, etc.

The phone call to Y○cheon, a member of the school operating committee, and "Gim Kim ○" causes good character.

I have the honor to contribute to the development of the education of Daejeon as a part of Si's will. The purport of "..........."

Before the election campaign period by requesting support from Defendant Kim ○, etc.

An offense day between July 2006 and July 20, 2006, including an election campaign.

over 45 times in total to eight members of the Steering Committee of the school in Daejeon, such as Table 5.

By requesting support to Defendant Kim ○ by the same method before the election campaign period is completed.

election campaign; and

(b) A member of the Steering Committee of the ○ Elementary School on July 21, 2006, who is his mobile phone with his mobile phone in Daejeon;

He calls to do so, and “The Kim ○○ Professor” causes a good character and a flab that has caused a change.

As a member of the Daejeon’s educational development, Defendant Kim, such as the expression “I”, to the effect that I would contribute to the educational development of Daejeon.

○ Violation of restrictions on election campaigns by requesting support from ○○

between the time, from July 30, 2006, to July 30, 2006, Daejeon as shown in the list of crimes in the attached Table 6.

Defendant by the same method over 30 times in total to nine members of the operating committee of the school;

The restrictions on election campaigns are put up by requesting support from ○○ Kim,

11. Notwithstanding that no person is allowed to conduct an election campaign prior to the election campaign period, the defendant;

김★★은 ,

(a) On July 12, 2006: 08 around 33, 200 if it is impossible to find out the trade name in the Seosung-gu Daejeon Sung-dong;

One's mobile phone machines (the telephone number:*****************) The Steering Committee of ○○ Elementary School.

A lot of contributions from 12:00 p.m. to the professors of Chungcheong Broadcasting for 9:20 p.m. in the Ma○○○ mobile phone that is a member.

Viewer U.S.A.****************** transmission of the issue message with the contents of “.......”

From that time, from July 12, 2006 until April 41, 2006, Daejeon as shown in Appendix 2.

the same method over 17 times in total to 16 members of the operating committee of the school;

An election campaign is conducted prior to the election campaign period by transmitting text messages respectively; and

(b) On July 13, 2006: At a scam room where the trade name in Seosan-dong, Daejeon, around 53, cannot be known;

The carrying of this Article, which is a member of the Steering Committee of the ○○ Female Middle School using his mobile phone

Telecommunications Board "I am for a crime. 13 days of time change. / Sup six od. / seven od. / 9 od. / Wil Broadcasting Contribution.

Many viewing clocks, including transmitting a question message, from that time, 2006.

7. 13. 20: A school located in Daejeon by not later than 52 as shown in the list of offenses in attached Table 3;

56 members of the Steering Committee shall have the same contents in the same manner over 95 times in total.

A election campaign shall be conducted prior to the election campaign period by transmitting each Si land, and

A report on the increase in the support rate for the counter-party candidates of Defendant Kim ○○ during the election process.

It is determined that it was caused by the operation of the counter-party candidate, and its mobile phone apparatus

Using ○○ Middle School Steering Committee’s cellular phone machine, Kim○, a member of the ○○ Middle School Steering Committee

The length of this page, /Sgd. of continuous communications and/or the last /Sgd. of this Agreement;

****************** The transmission of text messages with the contents of "*" from that time.

13:Operation of a school in Daejeon, such as the attached Table 4, between the 30th day and the day;

A text message with the same content in the same way over 53 times in total to 52 members of the Committee.

The election campaign was carried out prior to the election campaign period by transmitting each means.

Summary of Evidence

【No. 1-A of the Decision】

1 . 피고인 김○○ , 오■■ 이 이 법정에서 한 각 일부 진술

1. Each protocol of statement on Kim ○, Kim ○, Park Jong-hee, Park Il-hee, and Park Ma-hee, prepared by the prosecutor; 1. Part of each protocol of statement on Park Jong-hee, Park Jong-hee, Kim Jong-hee, and Kim Jong-chul prepared by the judicial police assistant

Statement

1. Each statement in the south of the Republic of Korea, and each statement in the red column;

1 . ' 통화내역 ( 김○○ - 오■■ 간 ) ' 의 기재

[Article 1-2(b)(5)]

1 . 피고인 김○○ , 박▲▲ , 증인 조○구 , 김○자가 이 법정에서 한 각 일부 진술

1. Each part of the statement prepared by the prosecutor and the judicial police assistant, and each of the protocol of statement prepared by the judicial police assistant;

Statement

1. Each part of each letter of confirmation drawn up by Cho ○-gu and Kim ○-○;

[Article 1-3(3), (2), (3), (6), and (7) of the Judgment]

1. Defendant Kim ○○, Kim △△, Kim △△, △△, Park, Lee Dong-dae, witness Lee ○, leap, leap, and strong mother;

Part of each statement made by ○○, U.S. P.O. in this Court

1. The public-private, strong, strong, ○○, ○○, Lee ○-style, ○○, and leap, prepared by the prosecutor and the senior judicial police officer, respectively;

Each written statement of each party shall be written.

1. Each written statement prepared by the assistant judicial police officer, on Kim ○-hwan and full-time statement made by the assistant judicial police officer;

1. Entry of records of seizure prepared by the assistant judicial police officer;

1. Each entry into "The details of △△△ currency", and "The details of this currency"

[No. 1-D., 8]

1 . 피고인 김○○ , 조◆◆ , 증인 권○순 , 안○원 , 유○현 , 이○희가 이 법정에서 한 각

Some Statements

1. Each of the statements made by the prosecutor on the ○○○○○○○○○, and Kim○○○○○’s written statement; and

1. Part of each protocol of statement of the security guard, ○○○, ○○○, ○○, and Kim ○○, prepared by the assistant judicial police officer;

Statement

1. Entry of "investigation Report following Confirmation of communication confirmation"

[Article 1-5(e) of the Judgment]

1. Part of the statements made by Defendant Kim○-○ in this Court

1. Scambry, Park ○-ho, Park ○-ho, Park ○-ho, leap, leap, Hanwon-ho, Park ○-ro, the last instance, leap, which is prepared by the judicial police assistant;

each statement of the Company (a copy of the statement or statement) or each statement of the Company

1. Each postal protocol prepared by the highest court, leap line, No. 2, No. 1, 00, 000 and leap line, e.g., e., e., leap line;

1. Each letter of postal statement prepared by ○○○○ in each letter, Han-won, and Lee Il-hee, 1. Each letter of postal statement prepared by ○○○○○○ in each of the 1. 'The Currency of the Currency', 'the details of the reverse communications', 'the details of the initial correspondence', 'the report on the data of the arrival number', 'the arrival number', and 'the arrival number'.

Each description of the “written reply”

[Article 4 of the Judgment]

1 . 피고인 오■■ , 장☆☆이 이 법정에서 한 각 일부 진술

1. Each written statement prepared by the prosecutor and the judicial police assistant and each part of the statements made by the prosecutor and the judicial police assistant;

Statement

1. Each written statement prepared by the assistant judicial police officer and each written statement about ○○○○; and

1. A statement prepared by the Park ○-man;

1 . ' 피의자 오■■의 휴대폰 통화내역 ' 의 기재

[Article 9 of the Judgment]

1. The statement made by the head of the defendant Gun/Gu in this court;

1. The meaning of each statement of this ○-gu and two ○○-in prepared by the assistant judicial police officer (a copy of the statement or the statement);

Each partial statement

1. The head of Si/Gun/Gu who received text messages from the head of Do/Eup/Myeon, which are entered in the phone of this ○-gu, and each of the suspect and Myeon

Each image of "the screen showing the address list of text messages sent"

[Article 10]

1 . 피고인 김★★이 이 법정에서 한 진술

1. Each of the Park ○-hee prepared by the assistant judicial police officer, the highest ○, the highest ○○, the e-mail, the e-mail, the e-mail, the e-mail, and the e-mail;

Each statement in the statement (a copy of the statement or statement)

1. Statement of statement on the decoration prepared by the Korea Election Commission of the Daejeon Metropolitan City;

Statement

1. A statement of a written confirmation prepared by ○○○;

1. Each investigation report (or a copy of the investigation report) and each entry into "the monetary particulars".

1. The phrase "a copy of the photograph taken by a text message," and the phrase "a photograph taken by a Handphone text message," respectively;

1 . 피고인 김♤♤이 이 법정에서 한 진술

1. Each statement (or statement or statement) made by the judicial police assistant on Kim Jong-jin, Park ○, Park ○-o, Park ○-o, and Shin Jong-ho (a statement or statement);

2) Each statement

1. Each description of the investigation report (or a copy of the investigation report);

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting the crime;

A. Defendant Kim ○: The former Local Education Autonomy Act (Law No. 8069 on December 20, 2006)

Article 158 of the former Local Education Autonomy Act, as follows:

Paragraph 3, Article 30 of the Criminal Act (Article 1-1(a) through (d) of the Judgment

Article 158(3) of the former Local Education Autonomy Act (Article 1-5(3)(e) of the Decision)

Each prior election campaign shall be occupied, covered by each prior election campaign

B. Defendant Kim △△△: Article 158(3) of the former Local Education Autonomy Act and Article 30 of the Criminal Act

(d) Defendant demotion: Article 158(3) of the former Local Education Autonomy Act and Article 30 of the Criminal Act.

Preliminary election campaigns under the Local Education Autonomy Act, Articles 140 and 78 of the former Act, the Criminal Act

Article 30 (Violation of Provisions on Restriction of Election Campaign by Public Offering)

Article 160(1)1 of the Criminal Act and Article 30(1) of the Criminal Act (the point of contribution by a public offering as shown in paragraph (6) of the Decision);

Article 160 (1) 1 of the former Local Education Autonomy Act (the point of contribution under Paragraph (7) of the Decision)

마 . 피고인 이●● , 오■■ : 각 구 지방교육자치에관한법률 제158조 제3항 , 형법

Article 30 (Notice of Preliminary Election Campaign by Public Offering) Each old Local Education Autonomy Act

Article 160(1)1, and Article 30 of the Criminal Act. Article 160(1)1 of the Criminal Act.

바 . 피고인 박▲▲ , 조◆◆ : 각 구 지방교육자치에 관한 법률 제158조 제3항 , 형법

Article 30 (Advance Election Campaign by Public Offering) Article 160 of the former Local Education Autonomy Act.

Article 1 (Occupancys in Contributions)

(g) Defendant-head of Si/Gun/Gu: Article 158(3) of the former Local Education Autonomy Act and Article 30 of the Criminal Act.

A prior election campaign by public invitation referred to in paragraph (4) shall be occupied), and the former Local Education Autonomy Act

Article 160(1)1, Article 30(1) of the Criminal Act (the point of contribution by public invitation) and Gu local education autonomy;

Article 158(3) of the Act (as the case may be, inclusive, of each prior election campaign as set forth in paragraph 9 of the holding);

아 . 피고인 김♤♤ : 구 지방교육자치에관한법률 제158조 제3항 ( 각 사전 선거운동의

Article 140 and Article 78 (Regulations on Restriction of Election Campaign) of the former Local Education Autonomy Act.

10,000

자 . 피고인 김★★ : 각 구 지방교육자치에관한법률 제158조 제3항 ( 판시 제11의

(a) both paragraphs (b) and (b) inclusive);

2. Competition;

(a) Defendant demotion: Articles 40 and 50 of the Criminal Act (1) (3) of the Criminal Act;

The crimes of violation of the Local Education Autonomy Act and the crimes of violation of the Local Education Autonomy Act mentioned in paragraph (6).

Punishment as a violation of the Local Education Autonomy Act mentioned in paragraph (6) above, 2.

The violation of the Local Education Autonomy Act referred to in paragraph (3) and the Local Education Autonomy Act referred to in paragraph (7).

Matters concerning local education autonomy described in paragraph (7) of the Decision with heavier punishment among the crimes of violation of the Act.

Punishment for a violation of law

나 . 피고인 이●● , 박▲▲ , 조◆◆ : 각 형법 제40조 , 제50조 ( 각 공모에 의한 사전

The crime of violation of the Local Education Autonomy Act due to election campaign and each (in case of Bilateral Interest of Defendant:

A) Between the violation of the Local Education Autonomy Act due to contribution acts, and punishment more;

D. (In the case of Blue House: Local education autonomy due to the contribution act by public offering)

Each punishment for a violation of the Act

다 . 피고인 오■■ , 장☆☆ : 각 형법 제40조 , 제50조 ( 각 판시 제4항 기재 각 지방교

The violation of the Land Autonomy Act, and the punishment shall be a contribution act by each open bid with heavier penalty.

The Local Education Autonomy Act shall be punished for each violation of the Local Education Autonomy Act.

3. Selection of penalty;

Selection of each fine

4. Aggravation of concurrent crimes;

A. Defendant Kim-○: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the most true crime)

No. 1-e. Crimes concurrent with punishment prescribed in the Local Education Autonomy Act

Aggravation)

(b) Audit suit by the defendant: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act.

As stated in Paragraph (7) of the Local Education Autonomy Act, the punishment for concurrent crimes shall be aggravated)

다 . 피고인 오■■ , 장☆☆ : 각 형법 제37조 전단 , 제38조 제1항 제2호 , 제50조 ( 각

Punishment on a more severe contribution, as provided for in the Local Education Autonomy Act violation of the Local Education Autonomy Act

Aggravation of concurrent crimes within the scope of the aggregate of the amounts of two crimes

라 . 피고인 김♤♤ : 형법 제37조 전단 , 제38조 제1항 제2호 , 제50조 ( 형이 더 무거운

Punishment of Violation of the Local Education Autonomy Act due to Violation of the Local Education Autonomy Act

Aggravation of Concurrent Crimes)

마 . 피고인 김★★ : 형법 제37조 전단 , 제38조 제1항 제2호 , 제50조 ( 범정이 더 무거운

§ 11-C. 5. Aggravation of concurrent crimes with punishment stipulated in the Local Education Autonomy Act

Articles 70 and 69(2) of the Criminal Code

Judgment on the defendants' and defense counsel's arguments

1. As to the assertion between Defendant Kim ○ and his defense counsel

A. Whether it constitutes an election campaign in advance

(1) Summary of the argument

Although Defendant ○○○○ attended several times in the place where the members of the School Governance Committee are gathered or made several times of telephone conversations with the members of the School Governance Committee, Defendant Kim○ does not constitute an advance election campaign in full taking into account the following: (a) the developments leading up to such meetings or making telephone conversations into account; (b) the nature of the meetings; and (c) the contents of conversations in the meetings or the contents of telephone conversations.

(2) Determination

(A) The term "pre-election campaign" means any act necessary or favorable to obtain a vote for the purpose of winning an election of a specific candidate in a specific election before the election campaign period, or an active or planned act that can objectively be recognized as being for the purpose of promoting an election or defeat against an elector among all acts necessary for or unfavorable to a specific candidate with the intention of defeating the election, among all acts that are necessary or unfavorable for the purpose of defeating the election of a specific candidate. Ordinary, courtesy, and social acts are excluded from standing, and whether such acts are ordinary and social acts shall be determined in accordance with social norms, comprehensively taking into account all the circumstances, such as the offender and the other party's social status, relationship between them, motive, method, contents and manner of the act, etc. (see Supreme Court Decision 2005Do2014, Sept. 9, 2005).

(B) Considering the following circumstances that can be recognized by the aforementioned evidence as to the instant case: ① those who attended a meeting of Kim○○○○ and divided personnel conversations or the other party who participated in telephone conversations at the meeting of the school in Daejeon, were members of the Steering Committee of the Seoul Metropolitan City, which was conducted on July 31, 2006; ② Defendants ○○○○ was not a person having a right of election at various meetings, and most of the people who attended the meeting were not a person having a relationship of relationship with Defendant Kim○○, but a person planned to have a right of election with Defendant Kim○○, who was planned to have been present at the meeting of the Steering Committee. ③ Defendant Kim○○○ was not only a person having a relation of relationship with Defendant Kim○○, who had been present at the meeting or attempted to have a right of election, but also a person having a right of election at least a certain time to have been present at the meeting of Defendant Kim○○, who had not been present at the meeting or attempted to have a right of election.

( 다 ) 따라서 , 피고인 김○○와 그 변호인들의 위 주장은 받아들일 수 없다 ( 피고인 강 , 오■■ , 박▲▲ 등도 각각 피고인 김○○와 공모하여 사전 선거운동을 하였다 . 는 점에 대하여 위와 비슷한 취지의 주장을 하고 있으나 , 위 ① 내지 ⑤항에 위 피고인 들과 피고인 김○○의 관계를 보태보면 , 위 피고인들의 이러한 주장들도 모두 받아들 일 수 없다 . ) .

(b) Whether it constitutes the abolition of punishment;

(1) Summary of the argument

Except as otherwise expressly provided for in the Local Education Autonomy Act, the Local Education Autonomy Act was amended by Act No. 8069 on December 20, 2006, and the Local Education Autonomy Act provides that the provisions on the Si/Do governor election under the Public Official Election Act shall apply mutatis mutandis to the election (Article 22(3) of the amended Act), to the extent that it does not go against its nature (Article 22(3) of the amended Act). According to the amended Act, all of Defendant Kim ○’s comments at issue in the instant case are legitimate acts permitted under the Public Official Election Act. Thus, this constitutes abolition of the so-called punishment.

(2) Determination

(A) The Local Education Autonomy Act amended by Act No. 8069, Dec. 20, 2006 (wholly amended by Act No. 8069, Dec. 2006) stipulates that, as seen earlier, the provisions on the election of Mayors/Do Governors under the Public Official Election Act shall apply mutatis mutandis to the election of the superintendent of education to the extent not contrary to its nature, except as otherwise provided for in this Act. However, Article 8 of the Addenda of the former Public Official Election Act explicitly provides that, in applying the penal provisions on acts before the enforcement of this Act, the former provisions shall apply to cases committed at the time of the enforcement of the former Local Education Autonomy Act, notwithstanding the amendment of the Act, so it cannot be deemed that the above amendment of the Local Education Autonomy Act has abolished or changed punishment on the violation of the former Local Education Autonomy Act (see, e.g., Supreme Court Decisions 94Do811, Nov. 11, 194; 2006Do375, Jun. 37, 2006).

(B) Therefore, we cannot accept the above assertion by Defendant Kim ○ and his defense counsel.

2. As to the remaining Defendants and their defense counsel's assertion

A. The assertion that there was no prior recruitment for the election campaign (Defendant Kim △△, △△, △△, and the river);

이 ●● , 오■■ , 박▲▲ , 장☆☆ )

(1) Summary of the argument

Of the facts charged in the instant case, each advance election campaign against the said Defendants (the violation of the prior election campaign by each conspiracy among the parts found guilty in paragraphs (1) through (d) and (2) through (4) of Article 1-A of the judgment of the court below) is deemed as if all of the said Defendants were to have conspired with the face order, etc. in which some of the said Defendants did not file any part of the other Defendants or any prosecution, but the said Defendants did not have any such conspiracy.

(2) Determination.

(A) In the case of accomplices who are jointly engaged in a crime by more than two persons, the conspiracy does not require any legal punishment, but is sufficient if there is an implied communication with each other on the joint commission of a crime directly or indirectly, and if there is no direct evidence, it can be recognized by the circumstantial facts and empirical rules, even if there is no direct evidence. As long as such conspiracy was made, those who are not directly involved in the commission of the crime are held liable as co-principal for the other co-principal’s act (see Supreme Court Decision 2005Do8645, Feb. 23, 2006).

( 나 ) 돌이켜 이 사건에 대하여 보건대 , 앞서 채용한 증거들에 의하여 인정할 수 있는 다음과 같은 사정들 즉 , ① 피고인 김○○나 피고인 김△△ , 유□□ 등으로 하여금 학교운영위원회 위원들에게 지지를 부탁할 수 있는 기회를 마련하거나 직접 피고인 김○○에 대한 지지를 부탁한 피고인 강소 , 이●● , 오■■ , 조◆◆ , 장☆☆ 등은 평소 피고인 김○○ 등을 적극적으로 지지하거나 피고인 김○○의 학교 선후배로서 각별한 관계를 유지하고 있었던 점 , ② 피고인 강◇◇과 피고인 이●● , 피고인 오

■과 피고인 장☆☆은 평소 매우 가깝게 지내던 사이로서 위와 같은 모임에 임박하여 서로 여러 차례 전화통화를 하였고 피고인 김○○나 피고인 김△△ , 유ㅁㅁ 등과도 전화통화를 했던 점과 기타 각종 모임이 마련된 경위 , 모임을 마련하는 과정이나 모임 에서 위 피고인들이 피고인 김○○ , 김△△ , 유□□ 등을 위해 했던 말과 행동 , 모임이 마련된 시기와 참석자들의 특성 , 평소 언행이 신중한 피고인 김○○가 자연스럽게 그 자리에 참석하여 발언한 점 등을 종합적으로 고려하면 , 사전 선거운동에 대한 공모가 없었다는 위 피고인들과 그 변호인들의 각 주장은 모두 받아들일 수 없다 .

나 . 기부행위에 해당하지 않는다는 주장 ( 피고인 강소 , 박▲▲ , 오■■ , 조◆◆ ,

Seoul High Court Decision 20

(1) Summary of the argument

(A) Defendant lecture and his defense counsel’s assertion

The defendant lecture has been holding a meeting in the "Alregrh" restaurant, and there was a request for calculation of the meal cost to the defendant Gangnam ○○ by requesting the defendant to calculate the meal cost. On the other hand, it is nothing more than 130,000 won of the meal cost by the credit card of the defendant lecture, which was returned from 130,000 won, and then, it is nothing more than 130,000 won by this request for the defendant's lecture. Thus, this act by the defendant lecture does not constitute a contribution act.

( 나 ) 피고인 이●● , 오■■ , 박▲▲ , 조◆◆ , 장☆☆과 그 변호인들의 각 주장

Although it was true that the above defendants calculated food expenses in the place where the school operating committee members provide meals, they are merely private and courtesy acts and do not constitute donation acts.

(2) Determination on the Defendant’s lawsuit and his defense counsel’s assertion

(A) According to the evidence adopted earlier, as alleged in the Defendant’s lecture, the Defendant’s strong lawsuit and his defense counsel’s assertion that the actual contributor of the meal cost would be one of the Defendant’s arguments, once the Defendant’s strong payment of KRW 130,00 of the meal cost by his own credit card, and later, the Defendant’s strong payment of KRW 130,000,000, which was expected to be calculated as the meal cost per se, was settled at the house, based on this day, and later, Defendant’s strong payment of KRW 130,00 with his own credit card.

(B) However, as seen earlier, the Defendant’s lecture did not go to the restaurant “Akhhhhh,” without gathering any English language, but agreed in advance to offer “Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhn

In cases where Defendants Kim △△△, which was expected to go to the educational committee members at the time, offered opportunities to carry out an election campaign against the participants at the above restaurant, on the basis that Defendant Kim △△△△△ and Kim ○, each of which was scheduled to go to the re-election of the Superintendent of the Office of Education at the time, and Defendant Kang Gangwon, provided them with an opportunity to carry out an election campaign against the participants, even though the Defendant was actually in calculating the meal amount, it is difficult to be exempted from criminal liability as a co-principal for the act of making an election campaign in collusion with the heads of B/L, who actively participated in preparing a meal group for a prior election campaign.

(3) Determination of the remaining Defendants and their defense counsel's assertion

(A) Even if the act of contribution under each subparagraph of Article 160(1) of the former Local Education Autonomy Act falls under the case of contribution, if it can be seen that it is within the scope of social order which has been naturally created as a kind of formal or official act, and its illegality may be avoided as it does not violate social rules (see Supreme Court Decision 2006Do2104, Jun. 30, 2006, etc.).

(B) However, when it is recognized that illegality has ceased to exist for such reason, it shall be careful (see the above Decision 2006Do2104). In full view of the period when each meal group was established and its purpose, the status of the participants, the nature and size of the meal group, the value of meals, alcohol, and alcohol provided to the participants, the number of participating persons, and the density of each Defendants who calculated the meal expense, etc., it is difficult to deem that each contribution by the above Defendants is a customary act within the scope of social order created historically as one of the normal forms of living, or it does not violate the social rules.

(C) Accordingly, each of the above Defendants and their defense counsels cannot be accepted. The grounds for sentencing are as follows.

1. Grounds for sentencing the invalidation of election to Defendant Kim ○-○

A. The election of the superintendent of the board of education is a process of selecting the number of local education as well as a clean and fair election, and the election process itself must be very educational and exemplary. However, election crimes committed by the defendant prior to the re-election of the Daejeon Metropolitan City Superintendent of the Office of Education at the Daejeon Metropolitan City, as seen earlier, should be criticized in that such expectations have been repeated.

B. Although the Defendant complained of the Defendant, even though he had been sentenced to the invalidation of election due to the election offense committed by the Defendant, following the superintendent of the office of education prior to the 000 transcript, the Defendant’s act of the instant election crime should be subject to further criticism in that he was not only a person but also a person who has already been aware of such circumstances, but also a person who has already been engaged in an election campaign repeatedly in several times by visiting a group of meals, but also a direct election campaign by lending another person’s cellular phone.

C. Furthermore, the Defendant, while denying most of the facts charged from an investigative agency to this court, is consistent with the Defendant’s ambiguous statement in order to partially transfer liability to another Defendant or to conceal the truth. This behavior presented by the Defendant after the instant crime was committed by an investigative agency or court is difficult to help the Defendant in the form of a genuine educator.

D. Although the former Local Education Autonomy Act limits election campaigns more than those of the Public Official Election Act, it seems that the School Governance Committee would not take advantage of the political tools or become politicalized due to the election of the Superintendent of the Office of Education. In addition, even though the former Local Education Autonomy Act was amended, it is difficult to readily conclude that it would be based on the reflective consideration of such legislative resolutions, and it is difficult to conclude that the election of the Superintendent of the Office of Education would be comprised of a small number of school operating committees at each time of the election of the Superintendent of the Office of Education by abusing the fact that the situation in which the candidates engage in illegal election campaigns is repeated, and that it is a new legislative decision to establish a new framework for the local education autonomy system. Therefore, it is difficult to see that such ex post facto amendment would immediately be a mitigated sentencing factor for the Defendant.

E. In addition, this case is based on the following charges: (a) the Defendant, who has donated a lifelong life to the Superintendent of the Office of Education, made a lot of contributions for Daejeon education even after he was elected to the Superintendent of the Office of Education; and (b) even if the Defendant is at present evaluated as the optimal person as the superintendent of the Office of Education of ○ Metropolitan City, the error in election crimes committed by the Defendant cannot be reduced or exempted due to such circumstance.

F. Therefore, even though this court did not have a number of mitigated sentencing factors that may assist the defendant, it is also accepted the prosecutor's opinion on the sentencing of the sentencing of the prosecutor's office, which contains the right to realize the proper education by sentencing the invalidation of election to the defendant who has neglected the expectation of many people who will be able to maintain the stability of the Daejeon educational community, as well as by sentencing the invalidation of election to the defendant who has failed to meet the expectation of many people.

2 . 피고인 강소 , 이 ●● , 오■■ , 장☆☆ , 김 , 김★★에게 공무담임권이나 선거권

The reason why the sentence is limited

A. In that each crime committed by the above Defendants is an election crime that was committed in a planned and organized manner to a certain degree, the nature of each crime is not somewhat weak.

나 . 피고인 강 , 이●● , 장☆☆ , 김♤♤ , 김★★의 경우에는 피고인 김○○나 피고인 김△△ , 유□□ 등을 위하여 불법선거운동을 감행한 것이 순수한 의도에서 비롯된 것으로는 보이지 않는다 ( 피고인 강○○은 현직 교사라는 직분에 비추어 더욱 비난받아 마땅하다 . ) .

C. The Defendant’s lecture showed an attitude to conceal the truth by making a somewhat old defense from the investigative agency to the instant court, and it is difficult to find out the form of a genuine educator who is likely to distort the truth.

라 . 피고인 오■■ , 장☆☆ , 김♤♤은 피고인 김○○를 위한 사조직인 ' 초심회 ' 를 조직 하는데 주도적인 역할을 했던 것으로 보일 뿐만 아니라 피고인 김○○를 위하여 계획 적으로 불법선거운동을 저지른 것으로 보이는데도 위 피고인들 모두 진실을 감추려고 애쓰는 점까지 고려하여 피고인 강 , 이●● , 김★★보다는 다소 무거운 벌금형으로 정하였다 .

3 . 피고인 김△△ , 유□□ , 박▲▲ , 조◆◆에게 공무담임권 등이 제한되지 않는 형을

Reasons for sentence

A. All of the crimes committed by the above Defendants are crimes committed only once, and there may be room for harming them by being relatively minor.

나 . 피고인 박▲▲ , 조◆◆에게서 이 사건 각 범행과 관련하여 불순하고도 추악한 의도를 찾아보기 어렵다 .

C. Defendant Kim △△ and U.S. appears to have committed each of the instant crimes passively.

D. Defendant Kim △, △△, and △△, without any cruel sel between one another, committed a real honor that has been accumulated in the past, but has been able to enjoy in the past. However, from the investigation agency to this court, Defendant Kim △△, and △△ had been able to enjoy in the past.

They did not lose the appearance as a genuine educator.

마 . 피고인 조◆◆은 아직까지도 일부 진실을 숨기려는 태도를 보이고 있지만 , 초범인 피고인이 30년 가량 교육을 위해 헌신해 온 사정과 정년이 얼마 남지 않은 점 등을 특별히 참작하였다 .