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(영문) 청주지방법원 2016.09.02 2016고합132

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant was a person who was a volunteer of E who moved to a candidate for a DNA political party in the Cheongju District of the 20th National Assembly election.

The election campaign period for the 20th National Assembly members shall not be allowed except as otherwise provided for in the Public Official Election Act before the election campaign period, and the election campaign period for the 20th National Assembly members was from March 31, 2016, the sixth day after the deadline for candidate registration to April 12, 2016, which is the day before the election day. In order to influence the election from 180 days before the election day to the day before the election day, anyone shall not distribute, post, distribute, play, or post advertisements, personnel management books, posters, photographs, documents, pictures, printed materials, video recordings, video tapes, and others similar thereto, and distribute, post, play, play, or display the name of a candidate, unless he/she is an election campaign manager, etc. who is a preliminary candidate, his/her spouse, lineal ascendants and descendants, or preliminary candidate or a person accompanying a preliminary candidate.

On February 11, 2016, at around 17:05 to 18:05, the Defendant divided approximately 85 name cards, which appeared in the name of E, into approximately 85 unspecified persons, without accompanying preliminary candidates E, around G underground entrance in Cheongju-si.

In this respect, the defendant, before the election campaign period, carried out an election campaign in a way other than that prescribed in the Public Official Election Act, and distributed the candidate's documents, drawings, etc. by unlawful means in order to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. H's certificate;

1. A photograph of each CCTV image to be cut;

1. Application of seizure records and list statutes;

1. Article 255(2)5 of the Act on the Election of Public Officials and Article 255(2)5 of the Act on the Election of Public Officials and the main sentence of Article 93(1) of the Act on the Election of Public Officials and Article 254 of the Public Official Election Act concerning criminal facts.