206Gohap435 Violation of the Public Official Election Act

1. Kim 00 (Omission of Resident Registration Numbers) and 00 Gu Council members;

Residence and Entry of Permanent Domicile

2. The Kim △△△ (resident registration number omitted) and the member of the 00 Council;

Residence and Entry of Permanent Domicile

August 22, 2006

Defendant 1 and Defendant 2 shall be punished by a fine of KRW 1,00,000 and a fine of KRW 800,000, respectively. In the event that the Defendants fail to pay each of the above fines, the Defendants shall be confined in each of the Labor House for the period calculated by converting 50,000 won to one day.

Criminal facts

In the fourth simultaneous local election, the Defendants are the persons elected after going to Busan OO-Gu Council members, and no one may distribute documents, etc. indicating the names of the persons intending to be candidates to influence the election from 180 days before the election day to the election day, and no one may conduct an election campaign before the election campaign period, notwithstanding the fact that no one is entitled to do so before the election campaign period.

1. Defendant 1:

(a) in collusion with the new volunteers;

2006. 00. 00. 00:00경 부산 00구 00동 00구청 소재 00구의회 부의장 사무실에서, 신□□에게 선거구민들에게 자신을 알릴 수 있는 문자를 보내도록 지시하고, 이에 신□□이 컴퓨터를 이용하여 문자대량전송 사이트인 '@@@@'에 접속한 후 선거구민인 정 등 406명의 휴대폰으로 '안녕하십니까? 자주 인사드리지 못해 죄송합니다. 항상 생각하고 있습니다. 부의장 : 김00'이라는 내용의 문자메시지를 발송하는 등 선거에 영향을 미치게 하기 위하여 후보자가 되고자 하는 자의 성명을 나타내는 문서를 배부함과 동시에 선거운동기간 전에 기타의 방법으로 선거운동을 하고,

나. 일반국민이 참여하는 당내경선을 하는 경우의 선거운동은 선거사무소 설치, 명함 교부행위, 전자우편을 통한 정보전송행위, 홍보물 1회 발송 등만 허용됨에도 불구하고, 2006. 00. 00.부터 같은 달 00.까지 사이에 부산 00구 ##동 소재 주택가에서, 일반 선거구민인 성◁◁ 등 약 500명을 상대로 자신에 대한 지지를 부탁하면서 00당 당내경선 참가신청서를 교부하는 등으로, 당내경선 관련 선거운동 이외의 행위를 하는 등 선거운동기간 전에 선거운동을 하고,

2. Defendant 2:

A. From around 000:00 on October 20, 200, the election campaign is carried out prior to the election campaign period, such as the following: (a) at the 00 kindergarten office for the operation of the defendant at the 00 Odong located in Busan, Busan; (b) at the 00 kindergarten office for the operation of the defendant, the electorate, the electorate, the electorate, using a telephone machine, and (c) at the 00 △△△△△△.

나. 일반국민이 참여하는 당내경선을 하는 경우의 선거운동은 선거사무소 설치, 명함 교부행위, 전자우편을 통한 정보전송행위, 홍보물 1회 발송 등만 허용됨에도 불구하고, 2006. 00. 00.부터 같은 달 00.까지 사이에 부산 00구 ##동 소재 주택가에서, 일반 선거구민인 하①0 등 약 100명을 상대로 자신에 대한 지지를 부탁하면서 00당 당내경선 참가신청서를 교부하는 등으로, 당내경선 관련 선거운동 이외의 행위를 하는 등 선거운동기간 전에 선거운동을 한 것이다.

Summary of Evidence

Defendant 1

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol in the new post office;

1. Statement made by the police on the demotion;

1. 정◎◎, 신♤♤, 성◁◁, 박XX의 각 진술서의 각 기재

1. (Correspondence) The statement of cooperation in investigation;

1. Images of text messages, the details of photographs and copies thereof;

Defendant 2

1. Defendant's legal statement;

1. Statement of statement by the police concerning the House ▽Ⅳ;

1. Each statement in each statement, such as the situation and development, Kim percent, and n0 ①;

1. A statement of the address address;

Application of Statutes

1. Article applicable to criminal facts;

Defendants: Defendant 1: Articles 255(2)5 and 93(1) of the Public Official Election Act (the distribution of documents, etc. by illegal means)

1. Commercial competition;

Defendant 1: Articles 40 and 50 of the Criminal Act (Punishments imposed on the violation of the Public Official Election Act by distributing documents, etc. under a heavier method, among the crimes referred to in paragraph (1) at the time of sale, and by distributing documents, etc. under a heavier method)

1. Selection of punishment;

Selection of each fine

1. Aggravation of concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and 50 (In the case of Defendant 1, the punishment shall be imposed on the violation of the Public Official Election Act by distributing documents, etc. with heavier methods; the punishment against Defendant 2 shall be aggravated by the punishment prescribed on the violation of the Public Official Election Act by issuing an application for participation in the intraparty competition for 00 days with heavier punishment);

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

Grounds for sentencing

Although Defendant 1 was a first offender and there are circumstances such as against his mistake, he was investigated by the police on October 2006 by sending text messages as stated in paragraph 1(a) of the criminal facts in his judgment, and thereafter, he was under investigation by the police on October 0, 2006, and thus, the nature of the crime is not less than that of the crime, and it cannot be said that there is little number of the recipient of text messages and the delivery of application for participation who was subject to the prior election campaign in this case, and that there is little number of the recipients of text messages subject to the prior election in this case and the delivery of application for participation, so it cannot be said that the crime was less than twice, although the crime was committed against Defendant 2 was committed, it is less the subject, but it is less elected as proportional representative, and it is divided into his depth as a first offender, and thus, a sentence like the order is sentenced.

The presiding judge, the deputy judge;

Judges Kim Gin-soo

Name of judge Class;