2014 High 410 Violation of the Public Official Election Act

A

Park Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin (Court)

Attorney B (Korean National Assembly)

July 15, 2014

Defendant shall be punished by a fine of KRW 700,000. Where the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting the amount of KRW 100,000 into one day.

Seized box 77(No. 1) shall be confiscated.

In order to order the provisional payment of an amount equivalent to the above fine.

Punishment of the crime

No one shall distribute, screen or post any advertisement, letter of personnel management, poster, photograph, document, picture, printed matter, recording or video tape, and others similar thereto, which include contents supporting, recommending or opposing a political party or candidate without following the provisions of the Public Official Election Act, or which indicate the name of a political party or candidate's name, in order to influence an election from 180 days before the election day to the election day. The Public Official Election Act prescribes that a candidate, etc. may conduct an election campaign by directly giving the name of the candidate to the other party to the election campaign.

Nevertheless, from May 24, 2014 to 13:30 on May 24, 2014, the Defendant spreaded approximately 77 copies of the above name cards by inserting one string the name cards of F for election campaign, a candidate of the Busan Metropolitan City D electoral Zone (E), which is carried out on June 4, 2014, on the difference in the windows of driver’s seat parked in each of the parking lots located in the Seo-gu Busan Metropolitan City, Busan Metropolitan City, 306, 309, and 310. Accordingly, the Defendant spreaded the documents indicating the name of F, a candidate, in violation of the provisions of the Public Official Election Act to influence the election. The summary of evidence is that the Defendant spreaded the documents indicating the name of F in order to influence the election.

1. Defendant's legal statement;

1. Photographs (on-site) and photographs of distribution of suspect cards;

1. Each internal report (the search and investigation of the vicinity of the scene, such asCCTV, and the verification of the contamination of the soil);

1. Existing 7th (No. 1) of seized name cards;

Application of Statutes

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

Article 255(2)5 and Article 93(1) of the Public Official Election Act (Selection of Fines)

1. Detention in a workhouse;

Articles 70(1) 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

[Scope of Punishment] Fine of 50,000~ 4,000,000

[Determination of Punishment] Election Offense, Violation of Election Campaign Period and Illegal Election Campaign Offense, Violation of Type 2 (Violation of Methods of Election Campaign) / [General Convict]

[Scope of Recommendation] Fines of 700,000 to 2,000,000 (Basic Area)

[Pronouncement Decision] The crime of this case in 700,000 won is that the defendant spreads the name of the candidate in violation of the method of election campaign under the Public Official Election Act. Such an act is likely to impair the legislative intent of the Public Official Election Act that strictly regulates the methods of election campaign to ensure the fairness of election, and to impair the fairness of election by affecting the right decision-making or decision-making of the candidates.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, environment, method and circumstance after the crime, etc., shall be determined as ordered in consideration of the following factors: the defendant's mistake is divided in depth; the defendant's act is deemed not to have a significant influence on election; the defendant has no record of criminal punishment for the same kind of crime; and the defendant has no record of criminal punishment; and

The new judge, new judge and new judge

Judge To call

Judges Il-il