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(영문) 대구지방법원 2020.11.20 2020고합392

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant was a volunteer of C who was a candidate in the 21st National Assembly member election in Daegu District in April 15, 2020.

No one shall install, display, post or distribute any wreath, balloon, signboard, placard, advertising balloon, advertising balloon, other advertising tower, advertising material or facilities, without resorting to the provisions of the Public Official Election Act, in order to have an influence on the election from 180 days before the election day to the election day.

In such cases, the use of the name of a political party or the name or photograph of a candidate (including a person who intends to become a candidate) or any expression by which such name or name can be inferred shall be deemed to be aimed at exerting an influence on the election.

Nevertheless, around April 10, 2020, the Defendant: (a) requested a banner producer E through D to manufacture and install banner; and (b) borrowed the phrases indicated in C’s election campaign bulletin and campaign posters on the same day; and (c) installed and posted 20 banners in Daegu B B, as indicated in attached Form No. 20 as indicated in attached Form No. 20; and (d) requested a banner producer to manufacture and install banner around April 10, 202 and requested F to install and install banner at around 11, 200; and (e) installed and posted 5 banners in Daegu B, as indicated in attached Form No. 2(2).

As a result, the defendant installed and posted a banner which is not in accordance with the Public Official Election Act in order to influence the election from 180 days before the election day to the election day.

Summary of Evidence

1. Police suspect interrogation protocol H, D, and F of the Defendant’s legal statement E, each police prosecutor’s protocol of statement of each police officer’s witness, CCTV photographs installed on banner, photograph 2-Coverner, photographic 7,8.

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