(영문) 광주지방법원 2006.10.25.선고 2006고합325 판결

Defendant shall be punished by a fine of KRW 1,500,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting 50,000 won into one day.

Reasons

Criminal facts

The Defendant was a person who was elected by going to the second election district at Do council member election at Do council member of Do council on May 31, 2006, and 1. No person was allowed to carry out an election campaign by door-to-door visit prior to the election campaign period;

Around March 19, 2006, the head of ○○○○○○○’s house located in Sam Young-dong, Si-si and complaining for support by finding out a name, as well as from January 15 to March 27 of the same year, and from January 15 of the same year to March 27 of the same year, the head of 101 electorate’s house as shown in the separate crime list (e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the head of e. the e. the e., the head of e. the e., the head of e., the head of e.

During the period from March 2006 to the 21st day of the same month, the police officers distributed more than 1,700 election campaign material in Naju-dong, Haju-dong, Haakdong, Changdong, Haakdong, Changdong, Haakdong, Simsan-dong, king-dong, king-dong, king-do, king-si, Gyeongnam-do, Gyeongnam-do, half of the election campaign material in the front of the half of the Do, the Dog-do, the Dog-gu, the Dog-gu, the Dog-do, and the YY-gu, the election campaign material was marked as the 6th grade secretary of the National Assembly members,

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made on the Na○○, Kim○, Kang○, and on the ○○○○;

1. Statement of the police statement on ○○, ○○, Red○, and Han-○○;

1. Each description of an NaO, ○○, ○○, ○○, ○○, Kim○, Ma○○, Ma○○, Ma○○, Ga○○, Ga○○, Ma○○, Ma○○, Ma○○, Ma○○, Ma○○, Ma○○, Kim○, Ma○○, Ma○○, Ma○○, red, Ma○○, Ma○○, Ma○, Ma○, Ma○, O○, O○, O○, ○○, ○○, ○○, ○○, ○○, Ma○, Ma○, and Ga○○;

1. Entry of a list of visitors to door-to-door candidates for democratic Kim ○○○ Do Council members;

1. Each description of the name box, campaign materials of a preliminary candidate, and the name cards of each Kim○-○ name box;

1. Each description of the investigation report on August 17, 2006, the investigation report on August 24, 2006 (Attachment to the identification card form for the National Assembly members, secretary, and secretary) and the investigation report on August 28, 2006;

Application of Statutes

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

Articles 255(1)17, 106(1) (a), 250(3), and 250(1) (the publication of false facts related to the intra-party competition and the selection of fines) of the Public Official Election Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Crimes with Punishment and Concurrent Crimes prescribed in the Public Official Election Act due to door-to-door visits with the heavier offense) of the Criminal Act

1. Detention in a workhouse;

The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is to prevent any malpractice related to elections that may be held fairly in accordance with the free will of the people and democratic procedures, thereby ensuring the legitimacy of state power, etc. and contributing to the development of democratic politics. Furthermore, the above Act prohibits the possibility of selling tickets in a remote space, and explicitly prohibits door-to door-to-door visits in order to prevent any possible harming the atmosphere of the official election, as well as to visit the house of 101 electorates for a certain period of time, and thus, the nature of such crime cannot be easily considered. Thus, prior to the instant sentence, the Defendant has no record of being punished as a crime of violating the Public Official Election Act, and the Defendant’s order is divided into one’s age, circumstances, etc., and the Defendant’s age, circumstances, etc., after the crime of this case was committed, shall be determined by taking into account various circumstances, such as the Defendant’s order, etc.