206Gohap395 Violation of the Public Official Election Act

1. Too (46-1), Agriculture;

Residential Cho Nam-nam:

Yeung-nam, the permanent domicile

2. Salt (56-1), Agriculture;

Residential Cho Nam-nam:

Yeung-nam, the permanent domicile

3.o (53-1), Agriculture;

Residential Cho Nam-nam:

Permanent domicile Gwangju

4. Kimo (53-1), Agriculture

Residential Cho Nam-nam:

Yeung-nam, the permanent domicile

Kim Yoon-Jon

Law Firm Locom (Apon for Defendant Ho)

Attorney Park Yong-chul, Kim Sang-woo, Lee Jong-ok, Lee Lee Jin

Law Firm Locom (Saon for Defendant o, Kim 00)

Attorney Park Yong-ok, Kim Jong-ok, or over-the-spot

December 13, 2006

Defendant Mao shall be punished by imprisonment with prison labor for one year, by imprisonment with prison labor for each of six months.

With respect to the detention days 59 days prior to the rendering of this judgment, each of the two days shall be included in the above sentence against Defendant 1, and each of the two days shall be included in the above sentence.

However, for two years from the date of the conclusion of the judgment, the execution of each of the above punishment against the Defendants is suspended.

Chapters 10,000,200 (No. 2 of the Inventory of Seized Articles) and 10,000, the seized Bank of Korea Notes 200 (No. 3 of the same Schedule) from Defendant Dao and the seized Bank of Korea Notes 10,000 (No. 4 of the same Schedule) from Defendant Kim 00, respectively.

Defendant 1: (a) On October 12, 2006, Defendant 1: (b) on the following grounds: (c) on the following grounds: (a) on the date of the transfer by the Head of the Si/Eup/Myeon, Defendant Do; (d) on the date of the transfer by the Democratic Party; (b) on the date of the transfer by the Head of Si/Gun; (b) on the date of the transfer by the Democratic Party, Defendant Do Head of Si/Gun; (c) on the date of the transfer by the Head of Si/Gun; (b) on the date of the transfer by the Head of Si/Gun; (c) on the date of the transfer by the Head of Si/Gun; and (d) on the date of the transfer by the Head of Si/Gun; and (d) on the date of the transfer by the Head of Si/Gun; and (d) on the compensation for actual expenses or other volunteer services, anyone, regardless of the pretext

A. On October 14, 2006, at one’s own dwelling room located in 00, 21:00, Maoo, the Defendant issued cash amounting to KRW 2,000,000 with 10,000 won by gathering force to support that “I wishing to win, or making to win, a full-time candidate,” and demanding that “I ambling to win, or making to win, a full-time candidate,” and providing money in connection with the election campaign for complete-time election for which he was elected, which was carried out on October 25, 2006, by going to a special election for the YO, which was carried out on October 25, 2006;

B. At around 21:30 of the same day, Defendant Doo provided money in relation to the above-mentioned election campaign by delivering cash of KRW 2,000,000 to Defendant Doo in the above-mentioned manner in relation to the above-mentioned election campaign. At around 22:00 of the same day, Defendant Doo provided money in relation to the above-mentioned election campaign by granting KRW 2,00,000 in cash to Defendant Doo in the above-mentioned manner at the above-mentioned place, and at around 22:00 of the same day, Defendant Doo provided money in relation to the above-mentioned election campaign; and at around 21:00 of the same day, Defendant Doo provided money in relation to the above-mentioned election campaign regardless of its name, regardless of whether it is a pretext, with cash of KRW 2,00,000 as activity expenses,

3. The Defendant Seo 00, regardless of the pretext, was prohibited from receiving any money, valuables, or other benefits in connection with the election campaign, at around 21:30 on the same day as in Paragraph (1) above, at around 21:30 on the same day as in the above place, Defendant Lo provided KRW 2,000,000 in cash in terms of the activity expenses, etc., and Defendant Kimo, regardless of the pretext, was prohibited from receiving any money, valuables, or other benefits in connection with the election campaign, at around 22:0 on the same day as in Paragraph (1) above, at around 22:0 on the same day as in Paragraph (1) above.

Application of Statutes

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

A. Defendant Doo: Articles 230(1)4 and 135(3) of the Public Official Election Act (the sentence of imprisonment with prison labor for each of the following items; b) Articles 230(1)5 and 230(1)4 of the Public Official Election Act (the decision of imprisonment with prison labor for each of the following items);

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

1. To include the number of days of pre-trial detention in the defendant's place of residence (the defendant's place of residence,O, Kimo);

Article 57 of the Criminal Code

1. Suspension of execution;

Article 62(1) of the Criminal Code(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1) of the Criminal Code)

Article 236 of the Public Official Election Act provides that elections shall be held fairly in accordance with the free will of the people and democratic procedures, and the purpose is to contribute to the development of civil politics by ensuring the legitimacy of state power, etc., and to the development of such acts in violation of the above Act is to strictly punish the Defendants. Each of the crimes of this case by the Defendants is that the amount provided for the crime of this case is a considerable amount of money provided for the crime of this case, and in particular, in the case of a special election of the YY, the head of the Gun first resigned from office in violation of the Public Official Election Act, and thus, it is inevitable to punish the Defendants in light of the fact that the Defendants committed the crime of this case, disregarding the public nature and conduct of a clean election by setting the number of times, and preventing any malpractice related to the election, and thus, it is extremely unnecessary to punish the Defendants in view of the fact that there is no motive for the Defendants to commit the crime of this case, as the result of the Defendants’ failure to commit the crime of this case, as well as their age and character and behavior.

Kim Jae-young (Presiding Judge)

Park Jae-in

Maternus