2012 Highly 689 Violation of the Public Official Election Act

Operators of senderal office (xxx -xxxx xx) and convenience stores;

- Dog- Eup in the dwelling and place of registration - Dog in the dwelling and place of registration

The next offense (prosecutions) and the second offense (public trial)

Attorney Kim Jong-soo (Korean National Assembly Line)

September 26, 2012

Defendant shall be punished by a fine of KRW 1,00,00.

Defendant who converted 50,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

The list Nos. 1, 2, and 3 of the protocol of seizure No. 1208 of the Suwon District Prosecutors' Office 2012No. 1208 from each of the defendants

shall be confiscated;

To order the defendant to pay an amount equivalent to the above fine.

Criminal facts

The defendant is a member of the 00 Eup Residential Self-Governing Committee in 199, who has been working as the chairperson of the 1st local council in 199 and the chairperson of the 1st local council in 1999.

1. Violation of the prohibition of external distribution of newspapers, magazines, etc.;

Except as provided for in the Public Official Election Act, no one shall distribute any newspaper, communication, magazine, or other publication containing an article related to the election by any means other than ordinary means, or reproduce and distribute such article.

Nevertheless, at around 00 09:0, the Defendant printed out an article on the election at the 00 Eup office located in Sungsung City, 00, and copied it on April 4, 2012, using a computer installed in the sports day of Gyeonggi on April 4, 2012, “ [the choice of the people on April 11, 200] , so-called “under the title of “ 48.1%” of the 48.1% of the vice-dong 48.1% of the 50th day before the 10th day before the 50th day before the 50th day before the 196th day of the 196th day of the 196th day of the 196th day of the 196th day of the 196th day of the 196th day of the 196th day of the 196th day of the 196th day of the 20th day of the 20th day.

On April 10, 2012, the Defendant, at around 00, carried out at the above restaurant: 11:00, copied and distributed 10 senior citizens on the name-free niversary niversary niversary niversary nives, who attended the 65 years of age or older, to divide them into a niversary niversary niversary niversary niversary nives, and attached two copies of the above nives on the lives wall, and distributed 10 remaining lives to the liversary livers livers lives in order to bring them up to the liversary lives.

2. An election campaign by a person who is unable to carry out the election campaign;

Members of the residents' autonomous council established in the Eup/Myeon/Dong residents' autonomous council shall not engage in an election campaign.

Nevertheless, on April 11, 2012, at around 00:0, the Defendant: (a) distributed the printed matter as above in order to have the above restaurant elected; (b) and (c) let scarke boat elected; and (d) let scarke, a scar boat’s father, scarke boat, scarke boat, scarke, and so on to carry out an election campaign; and (c) let scarke boat, scarke boat, scarke, scarke, etc.,

As a result, the defendant made an election campaign to make a person elected even though he/she is unable to do so by copying and distributing articles related to the election in a way other than a normal way.

Summary of Evidence

1. The defendant's partial statement in court;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1 . ♥▦▦ , 고○ , ○○ , ○○에 대한 각 경찰 진술조서

1 . Q☆☆ , □△△ , ♥ 작성의 각 진술서

1. Statement of seizure of police;

1. A investigation report (in the course of conducting an investigation), internal investigation report ( CCTV confirmation), photographs, internal investigation report (in the course of attaching photographs), and investigation report;

(Attachment of Official Data to Commissioned), as a result of the appointment of a member of the Residents' Self-Governing Council at 7th 00 Eup, civil petition;

Documents, investigation reports (to attach printed materials)

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 252(1) and 95(1) of the Public Official Election Act

Article 255(1)2 of the Public Official Election Act, and Article 60(1)2 of the Public Official Election Act

Article 7 ( point of Election Campaign by Person Unable to Conduct Election Campaign, Selection of Fine)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

Punishment for concurrent crimes in violation of the Public Official Election Act due to an election campaign by a person without any status

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on Defendant’s argument

1. Defendant's assertion

As stated in the judgment, the Defendant did not know whether the act of copying and distributing newspaper articles was subject to election campaign as shown in the facts constituting the crime, and did not know that such an act was in violation of the Public Official Election Act, so the crime of violating the Public Official Election Act is not established.

2. Whether it falls under an election campaign and whether a person has committed an election campaign;

A. "Election campaign" under Article 58 (1) of the Public Official Election Act refers to all acts necessary or favorable for the election or defeat of a specific candidate, and the objective of promoting the election or defeat of a certain candidate is objectively recognized, and in determining whether an act constitutes an election campaign, it shall be determined whether the act is an act accompanying the purpose of promoting the election or defeat of a specific candidate by comprehensively observing not only the cause of the act, but also the form of the act, i.e., the time, place, method, etc. of the act in question (see Supreme Court Decision 2006Do9043, Mar. 30, 2007, etc.).

나 . 판시 각 증거에 의하여 인정되는 다음과 같은 사정 , 즉 피고인은 오랫동안 새누리 당의 당원 및 당직자로 활동하여 온 점 , 19대 D♤의원 선□■ 하루 전인 2012 . 4 . 10 . 기사를 배부한 점 , 배부 장소를 해당 지역에 거주하는 100여명의 노인들을 대상으로 한 무료국수잔치 행사장으로 선택한 점 , 피고인은 신문을 검색하여 ' 여론조사결과 오일 용 후보 또는 최영근 후보가 우세하다 ' 는 내용의 기사도 찾았으나 이를 제쳐두고 ' 새누 리당 고희선 후보가 여론조사에서 1등을 달리고 있다 ' 는 취지의 2012 . 4 . 4 . 자 경기일 보 기사만을 복사하여 배부한 점 , 피고인은 고희선 후보의 딸인 고○에게 위 모임을 알려주어 명함 배부 등의 선거운동을 할 수 있도록 도운 점 등을 종합하여 보면 , 피고 인의 신문 기사 배부 행위는 단순한 정보 제공이 아니라 2012 . 4 . 11 . 실시되는 19대 ▷♤의원 선거에서 새누리당 고희선 후보를 지지하여 달라는 취지로서 위 후보의 당선 을 목적으로 선거에 영향을 미치기 위한 능동적 · 계획적인 행동에 해당하므로 공직선거 법 소정의 선거운동에 해당하고 , 피고인의 선거운동에 대한 인식 또한 인정된다 할 것 이다 .

3. Whether there was an awareness of illegality

Article 16 of the Criminal Code provides that a person who misleads that his act does not constitute a crime under the law shall not be punishable only when there is a justifiable ground for misunderstanding that his act is not a crime under the law. It does not mean a simple site of law, but in case of a general crime, it shall not be punishable if there is a justifiable ground for misunderstanding that his act constitutes a crime under the law. The following circumstances acknowledged by the evidence of the ruling are as follows. In other words, the defendant takes charge of managing the new party members of the new party members of the 1st executive branch of the 1st executive branch of the 1st executive branch of the 2000 and is commissioned as the chairperson of the Eup office of the 00 Eup office from 2001 to 200 Eup office, and there is no reason to believe that the defendant's act constitutes an election campaign under the Public Official Election Act and thus, it does not constitute a violation of the law.

4. Therefore, the defendant's assertion is without merit.

Reasons for sentencing

(This case is not subject to the above sentencing criteria as it was indicted before September 1, 2012, which is the enforcement date of the sentencing criteria for election crimes.

The crime of this case is an election campaign by copying and distributing newspapers carrying articles related to the election for the purpose of claiming support for a specific political party candidate even though the defendant is unable to carry out an election campaign as a resident autonomous council member of 00 Eup. The Public Official Election Act strictly limits the election campaign methods to ensure that the election is held fairly in accordance with the free will of the people and democratic procedures, and punish if the defendant violates them. In light of the purport of such a law, the defendant's act is not good in the nature of the crime, and even if the defendant is obliged to observe the neutrality in the election process as a resident autonomous council member, it is necessary to strictly punish the defendant for the benefit of a specific political party.

However, since the defendant is the first offender and the quantity of printed materials distributed is not so large that it would not have an impact on the election, all the sentencing conditions in this case, including the motive, means and result of the crime of this case, the circumstances after the crime of this case, the age of the defendant, character and conduct, family environment, etc., shall be determined by integrating all the sentencing conditions in this case.

It is so decided as per Disposition for the above reasons.

Judge Lee Dong-hoon

Judges Kim Jong-han.

Judge Lee Jin-hun