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(영문) 대구지방법원 김천지원 2016.07.19 2016고합63

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person, other than a preliminary candidate, shall engage in an election campaign by using propaganda equipment or various printed materials, broadcasting, newspapers, news communications, magazines, other publications, debate meetings, native folks meeting, alumni meetings, neighbors' meetings, other meetings, information and communications, the establishment of an election campaign organization or private organization, door-to-door visits, or other methods prior to the election campaign period.

In order to have a preliminary candidate C elected in the 20th election of National Assembly members, the Defendant 1:09 on February 28, 2016 at the “E” restaurant located in Kimcheon-siD on February 28, 2016, using the above restaurant’s wire telephone ( telephone number F) at the above restaurant’s election office, and H’s mobile phone ( inside number I) recorded in the list of party members of G party with which the safe number held at the above restaurant’s election office was assigned.

I think about how and how to do it.

It is well asked.

Around 11:02 on the same day, 11:15 on the same day, he/she claimed C’s support by making a phone call with an safe number number of 4 times in total, including a phone call with an safe number of 11:16 on the same day, and a phone call with an safe number of 11:16 on the same day.

Accordingly, the Defendant carried out an election campaign through information and communication prior to the election campaign period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Report of internal investigation (as to M safety number):

1. Application of Acts and subordinate statutes on site photographs;

1. Article 254 (2) of the relevant Act concerning facts constituting a crime and Article 254 (2) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant carried out an election campaign by posting phone calls to the persons listed in the G party members list before the election campaign period in order to have a specific preliminary candidate elected in the election of National Assembly members, and the crime is committed in light of the contents and methods of the crime.