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(영문) 서울중앙지방법원 2017.01.20 2016고합994

공직선거법위반등

Text

Defendant

A shall be punished by a fine of KRW 30,000,00, and by a fine of KRW 1,000,000 for each of the defendants B and C.

The defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A A is a person who has fallen in the 20th election district of the National Assembly member held on April 13, 2016 as a candidate for a L party in the 20th election district of the National Assembly member, and Defendant B (report on appointment as an election officer to the National Election Commission of April 1, 2016) and Defendant C (report on appointment as an election officer to the National Election Commission of April 5, 2016) are a person who has worked as an election officer of the candidate A.

1. Defendant A

(a) Any person who violates a prohibition against installing facilities, restrictions on use of automobiles, and an election campaign period, except for those prescribed by the Public Official Election Act, with the aim of influencing the election from 180 days before the election day to the election day (the expression of the photograph of a candidate shall be deemed to have an influence on the election, and only those prescribed by the Election of Public Officials Act, shall not install or post propaganda materials, such as advertisements or advertising facilities, and no one shall carry on an election campaign using his/her motor vehicle, except for cases where he/she carries on an election campaign at the place of a speech or an interview or where he/she carries on an election campaign

On April 6, 2016, the Defendant, a vehicle remodeling company, entrusted the manufacture of vehicles installed and installed with the Defendant’s election photographs, identification devices, video systems, etc. submitted to the National Election Commission, which the Defendant submitted to the National Committee for the management of the N Election Commission, which is the representative director’s board of directors. On April 7, 2016, in order to conduct an election campaign from April 7, 2016 to April 13, 2016, Qu, a driver, installed and posted a candidate’s photograph, to operate the vehicle in the jurisdiction of the K constituency.

Accordingly, the defendant set up and posted propaganda materials in violation of the Public Official Election Act in order to influence the election, carried out an election campaign using a motor vehicle, and carried out an election campaign on the election day.

(b).