Defendant

Defendant

Dried clothes

Attorney In charge of the continental LLC et al.

Jeju District Court Decision 2006Gohap31 Decided April 17, 2006

The judgment of the court below is reversed.

The defendant shall be punished by a fine of KRW 800,00,000, and a fine of KRW 200,000, respectively, for the crime of injury to the judgment.

When the above defendant does not pay each fine, the above defendant shall be confined in a workhouse for the period calculated by converting 50,000 won each day into one day.

The provisional payment of the amount equivalent to each of the above fines shall be ordered.

1. Summary of grounds for appeal;

A. Error of mistake

The court below erred by misunderstanding the facts against the rules of evidence and affecting the conclusion of the judgment.

(1) Violation of the election campaign period

The Defendant, at the date and time indicated in paragraph (1) of the facts constituting the crime indicated in the judgment below, completed a meeting of the president and the present president of the Seongbuk-gu Youth Association, and attended the meeting on the opening of the meeting. The Defendant: (a) reported that Nonindicted 1 and Nonindicted 2 entered the meeting; and (b) proposed to contact with and seek settlement on what he did not help him in the election in the year 2002; and (c) provided that, in order to leave the media as a person scheduled to leave the media’s heavy significance, it was merely a formal and social act.

(2) The elector's assault

In addition, there is no relation with the crime of interference with the freedom of election because the assault of this case does not have any possibility of directly obstructing the act of election campaign and voting itself, and it cannot be deemed as constituting the crime of interference with the freedom of election because the assault of this case does not constitute the crime of interference with the freedom of election because it does not have any possibility of directly obstructing the act of election campaign and voting. However, the court below found the defendant guilty of the crime of interference with the freedom of election by reliance only on contradictory and consistent non-indicted 2's statement.

B. The point of unfair sentencing

In light of the circumstances leading up to each of the crimes in this case and the fact that the defendant is in depth divided, the sentence of the court below (five million won of fine) is too unreasonable.

2. Determination:

A. Judgment on the assertion of mistake of fact

(1) Violation of the election campaign period

The term "prior election campaign" means any act necessary or favorable to obtain a vote for the purpose of election of a specific candidate for the purpose of obtaining or obtaining a vote for a specific candidate prior to the election campaign period, or any act necessary or unfavorable to the contrary for the purpose of defeating a specific candidate, which can objectively be objectively recognized by the intention that the act is intended to promote an election or defeat in the election against the elector, and is excluded from here, and whether it constitutes ordinary, ordinary, ordinary, and ordinary, and ordinary, and ordinary, ordinary, and social acts shall be determined in light of social norms, comprehensively taking into account all the circumstances, such as the social status of the offender and the other party, the relationship between the offender and the other party, the motive, method, contents and attitudes of the act, etc. (see Supreme Court Decision 201Do2268, Jun. 29, 2001).

According to the evidence duly admitted by the court below, the defendant, after completing a meeting of the executive members of the Seongbuk-gu Youth Association prior to and present at the Sungsan Youth Association, held that the defendant is going to the 27 local election district for the fourth local election which is scheduled to be held on May 31, 2006, and the non-indicted 1 stated that the non-indicted 1 stated that the non-indicted 1 stated that "I will not help the election management members," "I will not help the election management members," and that "I will not help the election management members," and the defendant also stated that the non-indicted 2 "I will help the election," and that the above act is necessary and discussed for the purpose of the election of the defendant in advance, since the time, place of the above act, social status of the defendant and the other party, social relation between the defendant and the non-indicted 4 of the election, the defendant's ordinary election, the motive for the election of the defendant and the other party, and the defendant's act in advance is not reasonable.

(2) The elector's assault

Article 237 (1) 1 of the Public Official Election Act provides that a person who intends to be an elector, candidate, or candidate in connection with an election shall be punished by imprisonment for not more than ten years or by a fine not less than five million won but not more than 30 million won, and Article 230 (1) 1 of the same Act provides that an elector shall be punished by imprisonment for not more than 10 years or by a fine not less than 5 million won and not more than 30 million won, and Article 230 (1) 1 of the same Act provides that an elector shall include a person eligible to be recorded in the electoral registry before preparing the electoral registry. Considering that the legislative intent of the above provision is to guarantee a free and fair election, and that all assault and intimidation against the elector, etc. uniformly, cannot be deemed to constitute "Interference with the freedom of election" subject to punishment under the above provision, and even if it is not necessary to commit violence or threat to an election or defeat in the election of a specific candidate, the elector shall be construed as follows:

However, in light of the victim non-indicted 2's statement on the process of assault in this case, the victim initially expressed an election campaign for the candidate for the defendant's competition from the local election of 202 to the local election of 202, and it is deemed that the defendant was not entitled to act as a member of the Gun representing the area because he was unable to act as a member of the Gun. However, the victim refused support as to whether the defendant's request for support from the election to the victim at the triar cafeteria on the day of the instant case was "the victim is not likely to act", and the victim was accompanied by the defendant's drinking after the triar cafeteria cafeteria and leading the victim to the accident, which is the place of the accident. At this point, the victim cannot be seen as having interfered with the defendant's right to the election of 2nd 5 weeks or more, and there is no reason to view the defendant's right to act as the representative of the region at the time of assault or interfere with the defendant's right to the election of 2nd."

3. Conclusion

Therefore, as long as the facts charged in the instant case are found not guilty of the violation of the Public Official Election Act due to assault by the elector, the judgment of the court below as to the violation of the Public Official Election Act and the remaining violation of the Public Official Election Act related to the above crime and the commercial concurrent crimes, and the injury are no longer maintained. Accordingly, without examining the grounds for appeal on the unfair sentencing of the Defendant, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and it

The summary of the facts constituting the crime recognized by this court and the summary of the evidence is as follows: (a) the part of the last part of the facts constituting the crime of the judgment of the court below, “at the same time, at the same time, an elector assaultsed about the election,” other than changing the part to “Abstin and sarging, etc.” to “Abstin and sarging, etc.,” is identical to the facts constituting the crime of the court below

1. Article applicable to criminal facts;

Article 254 (3) of the Public Official Election Act (Selection of Fines)

Injury: Article 257(1) of the Criminal Act (Selection of Fine)

1. Sentence of separate punishment;

Article 18(3) of the Public Official Election Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Of the facts charged in this case against the defendant, at around 23:00 on December 16, 2005, the defendant expressed a bath for the reason that the victim non-indicted 2, the elector of the 27 constituency of Jeju-do Council member, refused the defendant's request for election campaign and support deposit at the cafeteria of Sung-do, Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-do, for the reason that the victim non-indicted 2, who was the elector of the 27 constituency of Jeju-do Council member, refused the defendant's request for election campaign and support deposit, and the face of the above non-indicted 2, who was moving out of the restaurant, continued to bombling and pushed up, and moved out about 2 weeks of the face of the above non-indicted 2, who continued to take care of the above non-indicted 2, the defendant committed an act of assaulting the elector with respect to the election without reasonable doubt. Thus, this part of the facts charged does not constitute a concurrent crime under the latter part of the Criminal Procedure Act.

Judges Lee Ho-won (Presiding Judge)

Judges are unable to sign and seal by overseas training;