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(영문) 서울남부지방법원 2018.10.11 2017고합414

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

To the extent that it does not infringe the defendant's right of defense, some of the facts stated in the indictment were amended.

The Defendant, as the representative of the organization “B”, has continuously raised the issue of D’s manufacturing methods manufactured by C Co., Ltd. (hereinafter “C”) from around 2009, and has posted on the Internet a letter to the effect that “D is illegally manufactured using the number of electric decomposition alkics that cannot be consumed by C,” and reported to the press.

No one shall install, display, post, or distribute placards or advertising facilities in order to influence the election from 180 days before the election day to the election day.

피고인은 2017. 4. 13. 18:00 경부터 다음 날 17:40 경까지 서울 영등포구 E에 있는 F 정당 당사 건너편 노상에 있는 가로등에 “F 정당과 G 대통령후보 불법제조 C 회사 D 부당 비호!!!, C 초 거대비리 < 식 약 처, 국세청, 법제처, 검찰 및 사법부 > 적폐청산 거부 이유 밝혀 라!!!‘ 라는 문구가 기재된 현수막 (790cm ×166cm) 1개를 설치하였다.

In addition, on April 19, 2017, from around 09:00 to around 09:57 of the same day, the Defendant installed one banner, stating the above words, on the street side at the front of the above F Party’s right building.

Accordingly, the defendant installed a banner in order to influence the election from 180 days before the election day to the election day on two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Each police statement concerning I, J, K, and L;

1. An investigation report (F Party Secretary J - On-site photographs, investigative reports (Attachment to a list of candidates, etc.), investigation reports (Attachment to the list of candidates), - one CD of CCTV image images, investigation reports (Attachment to a certificate submitted by the Yeongdeungpo-gu Election Management Committee), - Confirmation documents, photographs, investigation reports (Attachment to A's A's judgment), - Court rulings (Seoul Central District Court Decision 2012No 2911);