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(영문) 창원지방법원 2014.11.20 2014고합239

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

C was selected as a candidate for D Party Kimhae market by voting of party members, electors and national electors in the D Party Kimhae market, which was implemented on April 19, 2014 at the 6th nationwide election of Dong-si local election, which was implemented on June 4, 2014, and the Defendant was a person who participated in the competition campaign as a support of C.

In the intra-party competition for which voting rights are granted to any party member and any person who is not a party member, any political party shall not conduct a competition campaign using methods other than installing an election campaign office, or installing and posting signboards, plate or placard at the said election campaign office, directly giving the names of any competition candidate or appeal for support, the way by which campaign materials of one kind prepared by any competition candidate are distributed only once by any political party, and the political party shall not conduct a joint speech meeting or joint debate indoor.

Nevertheless, on April 17, 2014, the Defendant, other than a preliminary candidate, appealed to the 101 National Electors of the Korean National Electors, who are the right holder to participate in the 6th simultaneous local election D political party, Kimhae market election at the 6th time through the wire telephone at the time of Kimhae-si and 1103, using the wire telephone at his own residence, and appealed to the 101 National Electors of the Korean National Electors, who are the right holder to participate in the election of candidates for the election of candidates for the 4th simultaneous elections at the 2th time of the 2nd day of the Saturday. The Defendant, other than a preliminary candidate, filed an appeal for support of C preliminary candidate in the manner, stating, “I will run the 4th day of this

Accordingly, the defendant conducted a competition campaign in a way other than that prescribed by the Public Official Election Act.

Summary of Evidence

1. Defendant's legal statement;

1. Recording notes, criminal investigation cooperation communications data replies, the list of electors, the list of electors, the details of sending and sending signals, the history of subscribers by wire or telephone, the details of payment, etc., and the list of electors; and

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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