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(영문) 대구지방법원 포항지원 2021.01.28 2020고합92

공직선거법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The part of the facts charged was appropriately revised to the extent that there is no concern about actual disadvantage to the defendant's right of defense.

[Status of the Defendant was elected as a candidate for the E political party in the constituency of the 19th National Assembly election C (after, “F party”, “G party”, and “H party”; hereinafter in this case, “G party”). The Defendant was elected as a candidate for the 20th National Assembly member election implemented on April 13, 2016, and was elected as a candidate for the same election district of the 20th National Assembly member election, around December 31, 2018, and was elected as the chairperson of the G Party D party member council operated on April 15, 2020. However, in the 21st National Assembly member election implemented on April 15, 2020, the Defendant was registered as a preliminary candidate on February 5, 2020.

[Reference Facts] When the defendant was deprived of the competition in the party competition in G political party on March 7, 2020, and I decided as the final candidate in G political party on March 19, 2020, the defendant was the chairperson of the operation committee in order to help I win the election in the election of a member of the National Assembly.

D) After holding a council of party members, it declared that it support I, and at the same time, thought I to hand over its existing election campaign organization, all functions, authority, and organization of the council of party members.

[Criminal facts]

1. A political party (including a council of party members) that violates the Public Official Election Act shall not hold a meeting of party members within a constituency in which an election is in progress, or for party members within a constituency in which an election is held, regardless of the pretext thereof, or for party members who are residents of the constituency, from 30 days before the election day to the election day;

Nevertheless, the Defendant, at around 25 days before the election day of the 21st National Assembly member ( April 15, 2020), had approximately 35 party members, including the head of Eup/Myeon/Dong/Dong Council members belonging to the above party members council, and the head of Si Council at around 17:0 on March 21, 2020, at the office of the defendant's office located in the fiveth floor of J building at port and at around 21:0, at the office of the D party members council, attend the meeting.