207Gohap77 Violation of the Public Official Election Act

1. Dental (60 years of birth, male) and Jeonnam Provincial Council members;

2. TransitionO (62 years old, female), and master;

Defendants’ Residence and Main South-Namyang Group**

Airway;

Attorney Yangyang-O (Presiding Justice of the defendant)

August 6, 2007

The defendant shall be punished by a fine of KRW 800,00 and KRW 500,00, respectively.

In the event that the defendants fail to pay each of the above fines, the period of 50,000 won converted into one day.

Defendants are confined in the workhouse.

To order the Defendants to pay an amount equivalent to the above fines.

Criminal facts

Defendant Gangseo-gu was elected on May 31, 2006 as a candidate for the Do Council member (the first election district in both sub-Guns) prior to the nationwide local election of Dong-dong local government on May 31, 2006, and the present election is the Do Council member of Jeonnam-do, and Defendant Jeonnam-gu is the head of Defendant Gangwon-do. The head of local government, the representative of a political party, and the candidate and his spouse are the head of a local government council member, the representative of a political party, and his spouse, even though they are outside the constituency, cannot make a contribution to an institution, organization, or facility with the electorate

1. The platform of the accused is that of the election campaign carried out by the accused at the time of the fourth local election, facing his seat, at the time of the fourth local election;

The service of selling gifts to people, the service of gathering gifts, the service of the former Tyang-gun, *** Operation of new 00 materials

Co., Ltd. 15,00 won or more of the market price from 00 foods to 3 soldiers in the form of a planning set 1

199.T. 199. Dried:

Between September 26, 2006 and October 2 of the same year from September 26, 2006 ** the intention of the defendant in the Do.

10 persons of the planning set up 10 persons to the Don Kim Don (a person) via Ginna (a person) at the original office

B, each of the 30 scambling planning sets provided to POs, and the planning of the scambed fish to the Nanae.

To provide 20 sets and to provide 00 lines with one set of planning set directly.

A total of 60 persons with a total of 90 million won in the election district, such as the Do-young, etc.

making contributions to persons,

2. The defendant 00

On September 30, 2006, at around 20:00, all defendants around the restaurant parking lot in the Seoyang-gu Yyangyang-gun, Chungcheongnamyang-gun, Seoyangyang-gun.

00 An election campaign consisting of the Defendant’s lecture at the time of a local election for the last five and thirty-one local vehicles.

The defendant is a friendship organization of the Dogdong women and is a member of the Lao Dogdong Association in which the defendant is a member.

Dominable fish planning set up to 00, 00 each by providing one set of planning sets for the fish fish, and total of 2 sets of planning sets for the fish fish.

A contribution act was made to a person in a constituency, such as the above Kim 00,00 won in total of the market price.

(c)

Summary of Evidence

1. The Defendants’ partial statements in the first trial record;

1. Each legal statement of witness Kimdo-young, Nagna, and Do-young0;

1. Each legal statement of 00 witness, each of 00 witness, and 100 witness;

1. Part of the protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. Statement of the prosecutor's statement concerning the Gangwon-O;

1. Each record of a line0, Kim 00, and line0;

1. A copy of transaction books, a copy of transaction books, and a sled fish farm;

Application of Statutes

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

Articles 257(1)1 and 113(1) of the Public Official Election Act (Selection of each fine)

1. 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 the defense counsel's assertion of defendant Kang Jong-chul

The defense counsel of the defendant Kang Jong-do stated that the act of donation of this case by the defendant Kang Jong-do was a customary act in daily life, which does not violate the rules of the Council, and thus, the illegality of the act of donation of this case constitutes a customary act in ordinary daily life and does not violate the rules of the Council, and thus, the act of donation of this case constitutes a customary act in violation of the rules of the Council, and thus, the act of donation of this case is dismissed.

Article 113 of the Public Official Election Act prohibits a candidate (including a person who intends to become a candidate) and his/her spouse, regardless of whether he/she is related to the election in the current year, by prescribing that all acts of donation cannot be conducted. In light of the statutory provisions of Article 112(1) comprehensively stipulating the types of acts of donation subject to punishment under Article 112(2), where acts of offering money and valuables falling under Article 112(1) are not considered as acts of donation under Article 112(2), and the National Election Commission Regulations and its decisions based on Article 112(2) and the National Election Commission Regulations and its decisions, so long as acts of offering money and valuables falling under Article 112(1) do not fall under the category of acts of donation under Article 257(1)1 of the Public Official Election Act (including a person who intends to be a candidate) and their spouse, the act is deemed to fall under the category of acts of donation under Article 112(2) of the same Act, and thus, constitutes a kind of act of ordinary social order, 2000.

In light of the fact that the contribution act in this case does not fall under the conduct enumerated in Article 112 (2) of the Public Official Election Act and Article 50 (5) 2 of the Regulations on the Management of Public Official Election, and that the Dominable fish of this case does not fall under the conduct enumerated above, and that the Dominal election commission distributed the guidance materials on the election related to the regular restriction on the contribution act on September 2006, the Dominal election commission immediately before this case, it cannot be deemed that the contribution act in this case does not constitute a courtesy act, and it cannot be said that it does not violate the social rules as one of the normal living forms, and therefore, the above attorney's assertion is not accepted. It is so decided as per Disposition on the grounds above.

Kim Jae-young (Presiding Judge)

Nowon-gu

Kim Jin Kim Jin