공직선거법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below rendered by the defendant is too unhued and unreasonable.
2. Determination
A. The purpose of the Public Official Election Act is to ensure the legitimacy of state power and contribute to the development of democratic politics by ensuring that elections are held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to elections.
B. Notwithstanding the fact that the Defendant, who is in the position of a member of the 8th Gyeonggi-do Council on June 4, 2014, was unable to report his parliamentary activities by means other than posting a written report on parliamentary activities on the Internet from 90 days before the election day of the 6th City/Do nationwide local election to the election day, at the 15:30 day from May 18, 2014 to May 13:30 of the same day, he/she, along with E, filed a report on parliamentary activities by means other than those prescribed by the Act, by distributing a written report on parliamentary activities on 278 copies of the Act by distributing the written report on parliamentary activities at the mail box or the entrance of the H-Japan house from May 18, 2014 to 15
C. According to the evidence and records presented by the court below, the following facts can be acknowledged.
(1) In light of the fact that the Defendant was elected as a member of the 3, 4, and 5 P-si Council, and that the Defendant was elected on April 11, 2012 at the 8th Council member special election of the Gyeonggi-do Council member and was engaged in parliamentary activities as a member of the Gyeonggi-do Council, the Defendant is deemed to have sufficiently been aware of the method of election campaign permitted under the Public Official Election Act and the method of election campaign
(2) However, the Defendant’s status as an active member of the Gyeonggi-do Council on June 4, 2014 as a member of the 6th regional election on active duty, thereby influencing the 6th nationwide local election.
As described in the paragraph, the election campaign manager report on parliamentary activities with E was distributed to electorates.
(3) In the above election, the information of the spouse of I who was a candidate in competition with the Defendant.