violation of the Public Official Election Act, 206, 423,452(Joint)

1. OO or flachis;

Head of Seongdong-gu, Seoul-gun, Macheon-ri

2. The director general of the ○○○ or the director general of the Compilation of Military Newspapers;

Head of Seongdong-gu, Seoul-gun, Macheon-ri

3. Operation of a funeral hall of KimO○ or of a funeral hospital;

Residential and permanent domicile, Jeonsung-gun, Hoeng-Eup

4. Operation of a funeral hall of an ancient O○ or a funeral hospital;

Head of Seongdong-gu, Seoul-gun, Macheon-ri

Yang Jina

Attorneys Yang Sung-hee, Lee Jong-hee (Defendant OO○)

Attorney Gyeong-chul (a private line for all the defendants)

January 24, 2007

Defendant ○○○ and changed ○○ are punished by a fine of KRW 1,500,00, and each fine of KRW 1,500,000, Defendant Kim○, and high ○○ shall be punished by a fine of KRW 800,00

If the Defendants did not pay each of the above fines, each of the above fines of KRW 50,000 was converted into one day, the Defendants shall be confined to the Labor House.

With respect to the defendant Kim ○, one day of detention before the sentence of this judgment shall be included in the period of detention in the workhouse.

In the event of seizure, 150 copies (No. 1) and 40 copies (No. 2) of the attached list shall be confiscated from Defendant Kim○-○.

Criminal History Office

On May 31, 2006, ○○○○ was elected from the fourth nationwide local election to the 08:00 on May 31, 2006, a person who was elected in the election of the head of Sungsung-gun-gun-gun-gun-gun-gun-gun-gun-gun-si, a volunteer of the head of the Gu's political party, and the defendant's change ○○○○ is a director general of the editing bureau of the head of the Gu's political party. On May 29, 2006, in collusion with Defendant U2, U.S., Kim○, Kim○, and Go○○○, a person cannot distribute a newspaper or other publication containing an article related to the election in a way other than ordinary way, or distribute the article in a way other than ordinary way by distributing it to the head of the Gu's political party-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-si, a resident of the Gu's political party.

2. Defendant ○○○

(a)shall not publish false facts with respect to the candidate’s career, etc. in favor of the candidate by broadcast or any other means for the purpose of election;

Between May 25, 2006, from around 17:00 to 18:00, the candidate’s debate was held with open ○○○○, Democratic Party Lee Jong-○ and Defendant, a candidate at the Gwangju Cultural Broadcasting Station located in Nam-dong, Nam-gu, Gwangju. The facts are as follows: (a) the Defendant works as the head of the Gwangju City Office of Maintenance and Construction; (b) the Defendant works as the head of the Gwangju City Office of Maintenance and Construction; (c) from October 30, 1998 to October 10, 199.

On May 10, 2002, 'I have been found not guilty in relation to the case' due to the fact that I received a bribe of KRW 7,500,000 in total on seven occasions from the constructor from the first police officer, and on May 10, 2002, 'I have been found not guilty in relation to the case', 'I have published false facts about the defendant's career in favor of the candidate.

B. In a case where the election commission of the Masung-gun, upon May 18, 2006, asked each political party about whether he/she holds a party membership of a democratic party on the 25th day of the same month and notify the defendant of his/her holding a party membership of the democratic party on the 26th day of the same month, upon notifying the defendant of his/her status on the 26th day of the same month, the request for explanation was made, with the aim of preventing the election from being elected by openly pointing out a fact by means of a propaganda document or other means, and thereby inducing the election campaign in favor of the election campaign party by relating to the issue of the defendant's democratic political possession.

(1) On May 26, 2006, the Defendant’s election office located in the Youngcheon-gu, Sungsung-gun, Sungsung-gun on May 26, 2006, 39 reporters, such as Jeonsung-gun, Jeon Sung-dong, Jeonsung-dong, are committing a conspiracy for political work while raising a question of the party membership of the ○○○○ candidate who is clearly appearing in the election of the e-mail head, who is called the e-mail in the situation, and the candidate who is called the e-mail. There is no doubt that he fabricated the party membership after the fact in the democratic party. The raising of the issue of the democratic party membership, which is invalid as a source, is not an obvious political work. The instant case is obviously a strong political work to kill ○○○ candidate, and it is impossible without his manipulation. The e-mail that the e-mail will not be elected.

(2) On May 28, 2006, when the press conference held on May 28, 2006, the title of "the suspicion of party operation by a democratic party to the candidate for the candidate for the candidate for the ○○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ was registered as the party member on January 25, 200, by stealing the documents kept on the premise of the strategic success. There is suspicion that the candidate used the documents kept on the premise of the strategic success for the candidate to enter into the post-party organization after the candidate registration. From the date of the candidate registration at the democratic party candidate, "the support of the candidate for the candidate is not the 26th 26th 26th 26th 26th 200," and the candidate for the candidate and the candidate for the candidate for the ○ ○ ○ ○ m.

There has been a high confirmation telephone on whether the registration of the candidate was completed or not, which is likely to be a prior confirmation telephone for the operation of the party membership after the registration of the candidate, and distribution of a document with the content of "...................., a democratic candidate,

3. Defendant’s change ○○

A. Although a person editing, collecting, writing, or reporting a newspaper or other publication may not make a false report or distorted facts about the election for the purpose of getting a certain candidate elected, he prepared an article other than the above newspaper at the head-Gun newspaper located in the Jeon Sung-nam-gun, Sungsung-gun, Sungsung-gun, Seoul, on May 29, 2006, and reported a false fact about the election for the purpose of getting a candidate elected. The fact was that the election commission of the Masung-gun, the election commission of the Masung-gun, decided that the registration of the candidate was invalid, and the admission itself did not have decided to be null and void, and on January 25, 200, the Masung-gun did not have decided that the candidate was a democratic party, and therefore, the Masung-gun did not have the qualification of a party member under Article 22 of the Political Parties Act and the admission itself decided to be null and void."

B. No one may distribute a newspaper or other publication containing an article related to the election in a way other than ordinary ways, or reproduce and distribute the article. On May 29, 2006, around 18:00, he distributed a newspaper or other publication containing an article related to the election by dividing the article of the above subparagraph 10,000 to the defendant Kim ○○ by dividing the article of the article of the above subparagraph 170 on the front side of the funeral hall of the head of the Sungsung-gun, Sungsung-gun, Sungsung-gun, Sung-gun, Seoul, and distributed it by means other than ordinary ways.

Summary of Evidence

[Fact 1]

1. Entry of each of the statements made by Defendant Kim○-○ and Go○○○ in the first trial record, and statements to the effect that they were left on the date stated in the judgment of Defendant U2○; and

1. Each legal statement made by the witness ○○, ○○○, ○○○, ○○○, ○○○, and ○○○, respectively;

1. Entry of the suspect interrogation protocol on Defendant Kim○-○ in the prosecutor’s office

1. Entry of the prosecutor’s statement on the ○○○ in the protocol;

1. Each entry in the investigation report on the contents of each currency on the fixed price, defendant Kim○, and high-○○○, the request for inquiry about the identity of the subscriber of the mobile phone number, reply, and investigation report (2 reports on the results of analysis of the contents of the currency);

1. Statement of records of seizure dated May 30, 2006;

【Court No. 2-A's Facts】

1. Statement made by the defendant ○○ in the first trial record;

1. Recording records (record No. 2006-type District Prosecutors' Office, No. 62516, No. 9 through 14) 1. Statement of investigation reports (in cases of reporting accompanied by a copy of the judgment),

1. Entry of a copy of the judgment; and

[Judgment of the court below]

1. Statement made by the defendant ○○ in the first trial record;

1. Legal statement of the witness ○○;

1. Each statement made by the police on the preceding ○○ or the preceding ○○;

1. Statement of the news report materials dated May 26, 2006;

1. A description of an investigation report on confirmation of ○○○ e-mail before the e-mailer of the e-mail on the south day

[Judgment of the court below]

1. Statement made by the defendant ○○ in the first trial record;

1. Legal statement of the witness ○○;

1. Entry of harsh materials concerning the manipulation of party membership in a democratic party to the candidate for the head of Si/Gun/Gu who belongs to the head of Si/Gun;

【Court of Second Instance 3】

1. Statement made by the defendant ○○ in the first trial record;

1. Each statement made by the police on the ○○○, ○○, and ○○○;

1. Matters other than the examination of military residents of the same military;

1. A report on the investigation of the contents of telephone call to Defendant’s change ○○○, a request for inquiry of personal information on cell phone numbers subscribers, replys, and an investigation report (2 reports on the results of analysis of the contents of telephone calls

【Article 3-2(b)】

1. Each statement made by the defendant ○○○ and Kim○○ in the first trial record;

1. Each statement made by the police on ○○○;

1. Entry of a copy of the work log of a printing office in May 29, 2006;

Application of Statutes

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

A. Defendant ○○○: Articles 252(1) and 95(1) of the Public Official Election Act, Article 30 of the Criminal Act (the violation of prohibition of distribution other than ordinary methods such as newspapers and magazines, the choice of fines), Article 250(1) of the Public Official Election Act (the publication of false facts, the selection of fines), the main sentence of Article 251 of the Public Official Election Act (the fact of slandering candidates and the selection of fines)

B. Defendant ○○: Articles 252(1) and 96 of the Public Official Election Act (a violation of the prohibition of false comments and reports, a fine) and Articles 252(1) and 95(1) of the Public Official Election Act (a violation of the prohibition of distribution, other than ordinary methods such as newspapers and magazines, and the choice of fines)

C. Defendant Kim-○ and Go-○: Articles 252(1) and 95(1) of the Public Official Election Act, and Article 30 of the Criminal Act

1. Aggravation for concurrent crimes;

(a) Defendant ○○○: the former part of Article 37, and Articles 38(1)2 and 50 of the Criminal Act (a)

(b) Defendant’s change ○○: the provision of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in the Public Official Election Act due to a violation of the prohibition of any false, comment, or report heavier than the quality of crime

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Inclusion of days of detention in detention;

Defendant ○○: Article 57 of the Criminal Act

1. Confiscation;

Defendant 0○○: The reason for sentencing of Article 48(1)1 of the Criminal Act; 1. The purpose of the Public Official Election Act is to ensure the legitimacy of state power, etc. and contribute to the development of democratic politics by ensuring that elections are held fairly in accordance with the free will of the people and democratic procedures, and by preventing any malpractice related to elections. In order to promote the creation of a fair and clean election climate, it is inevitable to pronounce a strict sentence corresponding thereto on all illegal election campaigns.

First, as to the violation of the prohibition of distribution, other than ordinary methods of newspapers, magazines, etc. in the judgment, the Health Committee intended to distribute the outside of the Masung Military Newspapers, in which false facts favorable to himself/herself on the day immediately before the election day, and affected the election result. In light of the evidence adopted earlier, even though it is sufficient to find the Defendant guilty of this part of the charges, the Defendant asserted that this part of the charges is against common sense until this court is denied, and the error is not divided by himself/herself.

Next, as to the publication of false facts in the judgment, the health team, the candidate's career is one of the most fundamental and typical criteria for comparison and evaluation of the fact that the right holder becomes a candidate in the election process along with the academic background. In the candidate debate process, the defendant stated that the defendant was found not guilty on May 10, 2002, which became final and conclusive as the crime of acceptance of bribe on the ground that the defendant published false facts about the defendant's career. The defendant continued to have been aware that the suspension of sentence would expire after two years, due to lack of legal knowledge. However, according to the record adopted earlier, according to the record, the opposite side of the candidate against the defendant raised moral issue, it can be seen that the defendant's attitude to deny the criminal fact itself, which was found guilty, and to cover his past misconduct, it is difficult to obtain the above change of the defendant, and rather, it seems that he did not repent his depth.

Finally, each crime is considered to be against each candidate. The defendant was found to have been registered in the democratic party roster 2 after the election commission of the same 2nd 5th Gun. The defendant was not prosecuted for violating the Public Official Election Act due to the publication of false facts, but the issue of whether the defendant was admitted to the democratic party constitutes the same 7th Gun election commission. The defendant was found to have been dismissed for the same 6th Gun election commission. The defendant was not guilty for the same 2nd 5th Gun election commission. The defendant's statement and investigation records in this court, and the defendant was sent to the 2nd 6th Gun election commission of the same 7th Gun election commission. The defendant was found to have been dismissed for the same 6th Gun election commission, and the defendant was also found to have been dismissed for the same 6th Gun election commission. The defendant was also found to have been dismissed for the same 2nd 5th Gun election commission of the same 2nd 1st Gun election commission of the same 2nd 20th Gun election commission.

On January 2006, the Defendant continued to this Court until this Court. On the other hand, ○○, the chairman of the Special Committee for the Admission to Personnel Management of the Democratic Party, received the so-called strategic contribution, and left the documents related to strategic contribution, so long as the documents do not constitute strategic contribution, the above documents do not have any meaning, and the Defendant did not enter and leave as well as the Defendant maintained his status as a public official at the time of submitting the documents related to strategic contribution, and thus, the Defendant was argued to be null and void even if he was admitted.

However, the joining of a political party is not sufficient by simply expressing its intention, and it is a juristic act which is not related to the requirement of formality, clarity, consistency, etc. in order to submit the application forms for joining the political party and to register the party members roster. A person who intends to apply for membership under the Public Official Election Act shall first be qualified as a party member. Thus, it cannot be said that joining the central party at the time of application forms for non-disclosure and joining the central party at the time of application forms for joining the public election, the final expression of intention is a fixed declaration of intention, the declaration of intention under the conditions of suspension of notarial, or the declaration of intention under the conditions of cancellation of notarial resignation (see Supreme Court Decision 200Da124, Mar. 9, 201). In addition, if a public official, etc. who is not a party member applies for membership, joining and treating the party member and registering on the party members roster violates Article 22 of the Political Parties Act, but it does not constitute a ground for expulsion of a political party member. Thus, the defendant's democratic assertion cannot be justified immediately.

Although the process process of the application forms of the defendant and the process of the defendant being registered on the roster of party members are not revealed in detail, but there is no way to disclose them after the next, according to the facts acknowledged above, the defendant submitted his application forms for joining the party to the central party, and the entry date of the roster of party members is listed on the roster of party members immediately preceding the date of his dismissal, the application forms for joining the roster of party members are specified on January 25, 2006, which is submitted to the central party, and the application forms for joining the roster of party members are specified on January 25, 2006, which is submitted to the central party; the defendant was active as a candidate of the democratic party before the departure declaration is made; the reason why the defendant declared the departures to which he belongs is unfair; and in light of these circumstances, it is reasonable to deem that the defendant had an intention to act as a democratic party member from the time of leaving the status of a public official to the declaration to which he belongs.

As to the fact that the defendant is registered as a member on the roster of party members of a democratic party, the circumstance revealed in the trial process or investigation process of this case is difficult to see the circumstances that the candidate side of the democratic party manipulates the party membership to the defendant, but rather, the defendant's own contribution is the largest. However, even if such circumstances are the same, the defendant committed a crime of violation of the Public Official Election Act due to slandering each candidate based on arbitrary trend and judgment in order to escape his unfavorable situation, and therefore, the crime is deemed to be very poor.

Therefore, each crime of violation of the Public Official Election Act due to each crime committed by the defendant is extremely heavy and thus, it is inevitable to pronounce a sentence of invalidation of election. However, considering the fact that the defendant retired immediately before the local election of this case and was employed as a public official for 27 years prior to the local election of this case, it seems that the defendant retired from office immediately before the local election of this case and was somewhat familiar and dealt with for the first time, the sentence identical to the order shall be determined.

2. Defendant ○○○: The current Public Official Election Act strictly regulates the period and method of election campaign to realize a fair and clean election, and the effect of press reports on the choice of voters is greater than any time. As such, the media that should make objective and fair reports should have more heavy obligations in relation to election. Defendant ○○○ should have taken account of the following: (a) the head of the editing bureau of the Masung Military Newspapers, which is a local newspaper, in order to avoid undermining the fairness of local elections through objective facts reporting and commentaries; (b) the election commission of the Masung-gun only rejected the proposal for registration invalidation of the candidate by Defendant ○○; (c) the reason for rejection is distort and exaggeration of facts by arbitraryizing the articles as stated in the remaining reasoning; (d) the fact that the report was published before the election day; and (e) the fact that the election commission of the Masung-gun National Assembly, which has been issued before the election day; and (e) the fact that the election commission of the ○○-gun, which is a candidate directly independent of the candidate, should be subject to be punished.

Kim Jae-young (Presiding Judge)

Park Jae-in

Maternus