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(영문) 인천지방법원 2016.12.02 2016고합677

공직선거법위반

Text

Defendant

A The fines of fine of KRW 900,00, KRW 1500,000, KRW 1500,000, and KRW 700,00, and KRW 300,00, respectively.

Reasons

Punishment of the crime

Defendant

A is a person who was elected in an election conducted on April 13, 2016 after having registered the 20th election for a National Assembly member as a preliminary candidate belonging to the I political party in the H election district, and Defendant B and Defendant C are volunteers of the Preliminary Election Campaign Office, and Defendant D is an election campaign worker in the same election campaign office.

No one may conduct an election campaign in any way other than that prescribed by the Public Official Election Act prior to the election campaign period, and only one person designated by him/her, from among those accompanying a preliminary candidate, who are neither the spouse of the preliminary candidate, lineal ascendants or descendants, election campaign manager, election campaign workers who are going with the preliminary candidate, and persons accompanying the preliminary candidate, may directly name the name of the preliminary candidate nor appeal for support for the preliminary candidate, on behalf of the preliminary candidate.

Despite the fact that the Defendants had been prior to the election campaign period, the Defendants conspired in order to distribute the names of Defendant A, a preliminary candidate, to the subway users in the subway stations, and the prosecutor indicted the Defendants to the effect that the Defendants conspired to commit the instant crime prior to the history of the KH on March 3, 2016, but there is insufficient evidence to acknowledge that the Defendants conspired to commit the instant crime at the time and place specified in the indictment in light of the Defendants’ statements and CCTV images, etc., as seen below, in light of the aforementioned part of the Defendants’ statement and CCTV images, etc., there is insufficient evidence to acknowledge that the Defendants conspired to commit the instant crime at the time and place specified in the indictment. However, the conspiracy of two or more accomplices to commit the instant crime is not required under the law, but only a combination of intent of two or more persons to jointly process the instant crime and realize the relevant crime. Thus, even if there was no process of the entire mother.

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