206Gohap338 Violation of the Public Official Election Act

Operation of Soo (69-1), o Network

Residence and permanent domicile and Naju

Kim Yoon-Jon

December 20, 2006

Defendant shall be punished by a fine of KRW 1,500,000.

Defendant who converted 50,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

Criminal facts

The Defendant is a person operating a company related to the mutual computer of 00 network, a democratic North-gu corporation, as the chief of the regional office, as the chief of the regional committee, and even if not, prior to the election campaign period, the Defendant is prohibited from conducting an election campaign.

5.31. From March 19, 2006 to multi-election districts, in relation to the 2nd election of Gwangjubuk-gu, Gwangju-si, Gwangju-si, Gwangju-si, Kim Young-gu, Kim Young-gu, the maximum salary grade, Park Jong-ho, Kim Jong-ho, Kim Jong-ho, Kim Jong-ho, the election campaign for which he belongs Kim Jong-ho, Kim Jong-ho, the election campaign for which he had been registered as a candidate for the 2nd election of Gwangju-si, the 6th election of the candidates for the 2nd election of Gwangju-si, the 4th election of the Republic of Korea; the 6th election of the candidates for the 2nd election of the Republic of Korea; the 6th election of the 5th election of the Republic of Korea; the 6th election of the 4th election of the 5th election district; the 6th election of the candidates for the 2nd election of the 5th election district; the 6th election of the 2nd election of the 2nd election district; the 2nd election of the 3th election of Gwangju-ju election of the Gu;

Between April 24, 2006 to December 25, 2006 for the purposes of Parko, Leeo, and Park Jong-o at the information network office in the Hanmo Information Network.

It is necessary to conduct a public opinion poll on the 0th anniversary of the date of entry into force of Gwangju Northern City, which is the 0th anniversary of the date of entry into force of the public opinion poll organization, the 0th anniversary of the date of entry into force of Gwangju Northern City, the 0th anniversary of the date of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force of the year of entry into force.

For Eo, Mao:

① Is it deemed appropriate to be a candidate for a democratic political party? The following purport are: ① 00 candidates who are former North Korea-Gu office acceptance committee members and the special chairperson of the local autonomous council; ② 00 candidates who are the current North Korea-Gu council members; ② 00 candidates who are the current North Korea-Gu council candidates and 00 candidates who are the former North Korea-Gu office acquisition committee members and the former 00 candidates who are the former Do council members and the former 00 candidates who are the former Do council members and the former 00 candidates who are the former Do council members and the former 00 candidates who are the former Do council members;

For Mao:

① A member of the former North Korean Council is a member of the North Korean Council, and the North Korean Party, a member of the local autonomous council, was the maximum 00 candidate, who is the chairman of the local autonomous council, was sent to the National Assembly, and how to think about the most 00 candidate? The thickness is known? If it is known and known, it would be divided into 1, 2, if known. ② If two of the following are sent from each political party, it would turn out a candidate? If the two of the following in each political party, it would turn out a son? The thickness? If the member of the former North Korean Council is the member of the local autonomous council and the North Korean Party, the chairman of the local autonomous council, 1, if the former member of the local autonomous council is the chairman of the local autonomous council, 2, if he is the person who is the secretary of the National Assembly.”

For Kim 00

① The Kim 00 candidates of the age of 45, who are the president of the Federation of Gwangju Institute, the vice president of the Federation of Gwangju Institute and the vice president of the peace problem, were sent to the National Assembly candidate on a democratic basis. How we think the Kimo candidate? The thickness is known? If we know, 1, if known, 2, and 3, if known, 2, and 3, if you know well. ② If the following two-thirds of candidates are going to go to the political parties, 1, 1, 2, and 3, if you turn to the vote? Whether the thickness will come to the vote? The candidate for the Democratic Kim 00, who is the vice president of the Federation of the Korean Private Institutes of Gwangju Institutes, is the Council of Gwangju Metropolitan City, and 2, 2, 3,000, if you know well, who is a citizen of the news.”

For Is 00

“ ① 사회복지 북구 어린이집 회장이며 현 주민자치위원장인 이oo 후보가 민주당 기초 의원 후보로 출마하였습니다. 선생님께서는 이00 후보를 어떻게 생각하십니까? 알고 있고, 호감이 간다면 1번을, 알고는 있다면 2번을, 잘 모르고 있다면 3번을 눌러주십시 오 . ② 각 정당에서 다음 중 두 분의 후보가 출마를 한다면 선생님께서는 어느 분께 투표하시겠습니까? 사회복지 북구 어린이집 회장이며 현 주민자치위원장인 이00 후보 이면 1번을, 광주시 공무원 강사인 최00 후보이면 2번을, 잘 모르겠다면 3번을 눌러주 십시오”라는 내용으로 KT 크로샷(www.xroshot.com) 음성자동전화 전송장치를 이용하 여 선거구민 1,500여명을 상대로 총 31,887건의 음성전화를 발송하여 위 특정 후보자 의 경력과 직책을 홍보함으로써 위 후보자들을 위하여 사전 선거운동을 하였다.

Reasons for sentencing

The purpose of the Public Official Election Act is to ensure the legitimacy of state power and to contribute to the development of democratic politics by ensuring that elections may be held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to elections, and therefore, it is necessary to strictize the violations provided for in the above Act.

The defendant committed the crime of this case against the electorates in the remaining one month from the election day, in view of the fact that there is no sufficient punishment corresponding to the defendant in light of the following: (a) the defendant made a prior election campaign including the intention to raise the approval for the candidates belonging to the Democratic Party under the pretext of public opinion poll and to induce them to support the candidates; and (b) the number of the times of delivery to the National Assembly members reaches 31,887 cases and the nature of the crime is not good.

However, the defendant does not have the same criminal records, most of the subjects of the opinion poll are deemed to have been the party members of a democratic party, and other circumstances revealed in the trial process, such as the defendant's age, character and conduct, occupation and experience, and circumstances after the crime, shall be determined as ordered by the decision.

Kim Jae-young (Presiding Judge)

Park Jae-in

Maternus