206Gohap324 Violation of the Public Official Election Act

○○, Commercial

North Korea, Gyeongsung-gun, North Korea

Kim Yoon-Jon

October 18, 2006

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

Two days of detention before this judgment is rendered shall be included in the period of detention in the workhouse.

Criminal facts

On May 31, 2006, the Defendant: (a) was an election campaign worker of ○○○ who was elected as a candidate for a democratic head of a Si/Gun/Gu election, and announced false facts to be unfavorable to the candidate by means of a speech, document, or other means for the purpose of preventing the election; (b) despite that he did not distribute any document, drawing, or printed matter that contains any content opposing the candidate in order to have an effect on the election, he was not distributed to the candidate; (c) on May 29, 2006, on the front of the North Korean National Credit Union, which is located in the street, (d) on May 19, 206, the fact that the head of the Si/Gun/Gu election was released as a candidate for the head of the Si/Gun/Gu election and was elected as a candidate for the head of the Si/Gun/Gu election; and (d) on May 31, 2006, the Defendant announced the fact that he was released as a candidate for the purpose of distributing the candidate for the head of Gun/Gu election.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on Kim○-○;

1. The description of the inducement;

Application of Statutes

1. Article applicable to criminal facts;

Public Official Election Act (a point of public announcement of false facts), Article 250(2)(a)(a point of public announcement), Article 255(2)5(5), and the main sentence of Article 93(1)(a)(a point of public announcement of false facts)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments imposed on the violation of the Public Official Election Act due to the announcement of heavier false facts)

1. Selection of punishment;

Selection of Fines

1. Discretionary mitigation;

Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14489, Apr. 2, 2009)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

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

Kim Jae-young (Presiding Judge)

Park Jae-in

Maternus