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(영문) 부산지방법원 2006.7.4.선고 2006고합249 판결
가.공직선거법위반나.사서명위조다.위조사서명행사
Cases

206Gohap249 A. Violation of the Public Official Election Act

(b) Forgery of a private signature;

(c) Exercising the above investigation signature;

Defendant

Article 00 (Omission of Resident Registration Numbers)

Residence omitted

Permanent address omitted

Defense Counsel

Attorney ○○○

Imposition of Judgment

July 4, 2006

Text

As to the crime No. 1, the defendant shall be punished by imprisonment with prison labor for 8 months and by imprisonment for 2 months, respectively. The number of detention days prior to the pronouncement of the judgment shall be included in the above punishment for the crime No. 1 as stated in the judgment.

except that the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal History Office

Defendant,

1. From 180 days before the election day to the election day, no person may distribute the document containing the contents of opposing political parties or candidates to the effect of the election, without recourse to the Public Official Election Act.

On December 2, 2005, 00 00 - 000 - 000 - which is the defendant's residence located in Busan ○○○○○ apartment located in 000 Dong-dong, and 'after accessing a political room in the debate of the Internet portal site by using a computer' means that a group of 000 - should have no more than a national project but not be 000 - it should be promptly - the Republic of Korea has no pit, and that a group of -00 - from around that time to May 1, 2006 includes a letter opposing 525 times in total as shown in the list of crimes in the separate sheet of crimes, such as inserting a letter opposing - 00 - 00 - 00 - 00 00 - 00 - 00 - 00 - 00 - 00 - 00 - 'O market candidate'.

2. On May 9, 2006, the investigation of the Busan ○○○ Police Station located in ○○○○○○○○○○○○○○○ Dong and the intelligence team office in Busan ○○○○○○○○○○○-dong, and upon being investigated into the above contents, the fact that the facts were revealed as the fraud case was committed as if the facts were △△△△, and without authority, the statement was made at the end of the statement without authority, stating “△△△△△” and the signature was forged, and the above signature was submitted to the said police station, and exercised

Summary of Evidence

1. Defendant's legal statement;

1. Entry of communications confirmation data replies;

1. Each report on internal investigation (the correction of personal information and the results of inquiries about AFIS);

1. Statement in the name of △△;

Application of Statutes

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

Public Official Election Act Articles 255(2)5, 93(1) (a) (a notice, such as the document, etc. by a wrongful means; each choice of imprisonment), 239(1) (a) and 239(2) (a point of private signature) of the Criminal Act

1. Separation of concurrent crimes;

Article 18(3) and (1)3 of the Public Official Election Act

1. Aggravation of concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Mutual Crimes of Article 1 at the Time of Sales) of the Criminal Act shall be sentenced to the punishment prescribed by the Public Official Election Act No. 525, 525, which is the largest list of crimes, and the punishment between the crimes of Article 2 of the Decision shall be aggravated by the punishment prescribed by the crime of exercising a false investigation signature)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Considering these circumstances in the following sentencing grounds):

The Defendant’s crime of violation of the Public Official Election Act, on the ground of sentencing, posted a letter that mainly objects to a specific political party and a representative of the political party through the Internet in a short period of time. In light of the strong power of the Internet and the public nature of the public, etc., the Defendant’s crime of violation of the Public Official Election Act does not have an adverse effect on the election, and it is required to establish a sound election culture, establish legitimate election order, and use a sound Internet. However, the Defendant appears to have committed the crime of violation of the Public Official Election Act in the course of simply expressing personal opinions without engaging in activities as a specific political party or organization. The content of the crime of this case is most likely to contain abstract criticism without a specific statement of fact. After the crime of this case, the Defendant reflects his mistake through detention for a long time after the crime of this case, and the Defendant has no same criminal power as to the Defendant, and taking into account all the orders and conditions of sentencing, such as the Defendant’s age, character and behavior, environment, etc.

Judges

The presiding judge, the deputy judge;

Judges Kim Gin-soo

Name of judge Class;

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