207Gohap16 Violation of the Public Official Election Act

1. Stoppy (or 44 years old, male) and the Gun of the Republic of Korea;

Residential Jeonnam-nam Maritime Affairs Eup

(At present, during the confinement of prisons not in prison)

2. A security leader of the KimO (a 53-year student, a male), the Southern Police Station;

Residential Jeonnam-nam Maritime Affairs Eup

3. TranscriptO (45 years old, male), and unemployed;

Residential Jeonnam-nam Maritime Affairs Eup

4. A person who has stuffed (56 years old, male) and a daylights;

Residential Jeonnam-nam Maritime Affairs Eup

5. A pastors of the lowestO (55 years old, male), the Southern Tymna, and the Southern Tymna;

Degrasan Province in South-Namnam Sea-gun

Park Jae-hwan

Attorney Kim Jong-hee (Presiding Justice)

Law Firm Newcheon, Attorney Jeong Sung-sung (Defendant Kim 00)

b)

July 5, 2007

Defendant Park Jong-hee shall be punished by a fine of 2,00,000 won, Defendant KimO, 00, and MaximumO

80,000 won, Defendant Park ○ shall be punished by a fine of 500,000 won, respectively.

When the defendants fail to pay the above fine, the period of 50,000 won converted into one day shall be avoided.

The custody of senior citizens in a workhouse.

From Defendant Kim 00 to 300,000 won, from Defendant Lee 00 to Defendant Lee 200,000

1,100,000 won from GaO and 1,100,000 won from GaO shall be collected respectively.

Criminal facts

On May 31, 2006, the defendant Park Jong-hee was elected as the Gun of the Gun of the Gun of the Gun of the Gun of the Do on May 31, 2006, the defendant Park Jong-hee was elected as the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Do of the 4th National Assembly, the defendant Park Jong-hee was a senior without a certain occupation, the defendant Kim-O was a chief of the Gun Police Station of the Maritime Police

1. The defendant Park Jong-hee,

The head of a local government shall be a person or institution, organization, facility in the relevant constituency; or

A person, institution, or organization who has relations with the electorate even if there is outside of the relevant stalthal district;

Notwithstanding that it is not possible to make contributions to a body or facility:

On November 4, 2006, the Busan Metropolitan Council organized and organized by the Jeonnam-Eup Eup Association located in the Jeonnam-do.

From that time, the above church paid KRW 100,000 to the above church as a contribution, from that time, 207.

2. An elector or a person with voting rights over 61 times in total, as shown in the list of crimes in attached Form 24 up to 24.

make contributions by paying a total of KRW 5,500,000 to persons, etc. who have a relationship;

2.No person shall receive contributions from the head of a local government;

A. Defendant Park Jong-young

On December 10, 2006, the head of the Gun/Gu in the Gun office of the Maritime Affairs and Fisheries Office located in the Maritime Affairs and Fisheries Office of the Namnam-do.

Contributions shall be made by receiving KRW 100,000 as a travel expense for overseas travel from Park Pung-hee's port.

recipient,

B. Defendant 00

On December 20, 2006, the travel expenses of the above Gun room shall be the name of the person under the pretext of travel expenses from the Gun of South and North Korea.

received contributions of KRW 200,000;

C. Defendant KimO

On February 14, 2007, the above Gun room caused the name of scarbed rice with the value of scarbed rice with the name of scarbed rice with the Gun.

receiving 300,000 won or more as contribution;

D. Defendant MaximumO

On February 15, 2007, the above Gun room causes a nameed rice gap value from ghee, a GunGun, to the nameed rice gap value.

Ro 1,100,000 won was donated and received.

Summary of Evidence

1. Each legal statement of the defendant KimO and Gao, each of the defendant Park Jong-hee, each of the most recent legal statements of the defendant KimO and Gao;

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of suspect interrogation and statement of the prosecution concerning 00;

1. Each report on investigation;

Application of Statutes

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

(a) Defendant Park Jong-hee: Articles 257(1)1 and 113(1) of the Public Official Election Act (each of them);

(Selection of Fines)

B. Defendant KimO, 00, Gao, Gao, and Mao: Article 257(2) of the Public Official Election Act (each punishment);

Fixture Selection)

1. Aggravation for concurrent crimes;

Defendant Park Ho-hee: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Defendants: Articles 70 and 69(2) of the Criminal Act

1. Additional collection:

Defendant KimO, EO, GaO, GaO, and MaO: each proviso to Article 257(4) of the Public Official Election Act

Defendant Park Jong-hee and his defense counsel's arguments

Defendant Park Jong-hee and his defense counsel asserts to the effect that the illegality of the act of donation in this case by Defendant Park Jong-hee was dismissed as it does not violate the social rules.

However, in a case where even though a contribution act made by the head of a local government does not constitute a formal act or an official act under Article 112(2) of the Public Official Election Act, it can be seen that it is within the scope of social order which has been historically created as a kind of formal act or official act, which is a kind of formal act or official act, and thus does not violate the social rules, so the illegality may be avoided. However, the recognition of illegality for such reason requires careful attention (see, e.g., Supreme Court Decision 2005Do2245, Aug. 19, 2005).

With respect to the act of offering money and a gift for most of the donation of this case, the act of offering money and a gift for the most of the donation of this case shall not be deemed to be a case where illegality is dismissed as it is a courtesy act within the scope of social order which has been naturally created as a normal living form, or an act in the course of performing official duties, and the act of offering money and goods to a full-time employee belonging to the relevant organization, his spouse, or the representative of the institution, a body, a body, or a facility is allowed only when it is provided to a full-time employee belonging to the relevant organization, his spouse, or a lineal ascendant or descendant.

Therefore, the defendant Park Jong-hee and his defense counsel's above assertion is not accepted.

Reasons for sentencing

Defendant Park Jong-hee, even though it is well aware that the act of donation in this case is prohibited in all except in exceptional cases prescribed by the Public Official Election Act, is likely to commit the act of donation in this case, and the frequency of such act does not have a lot of times, and such act of donation is likely to seriously impair the fairness of the election and have an impact on the result of the election, it is necessary to punish the corresponding strict punishment.

In addition to the above circumstances, the Defendants’ character and conduct and experience, the background of the instant crime, the amount of money either issued or received by the Defendant, and all the sentencing conditions recorded in the record shall be determined as ordered by taking into account.

Park Dog-won (Presiding Judge)

Egresponding

Kim Jong-Un

Table of Offenses

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.