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(영문) 창원지방법원 2019.02.14 2018고합205

공직선거법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No one shall disturb the order in the place of speech, threat, or other means at the place of speech or interview at an open place under the Public Official Election Act, the place of interview or debate, or the place of rally of a political party by violence, threat, or any other means;

Nevertheless, around 08:05 on June 3, 2018, the Defendant, at the C sales outlet 08:05 B, 30 seconds around seven minutes of the election campaign speech place, such as: (a) 30 seconds of seven minutes of the election campaign speech place, such as: (b) referring to the D market candidate E to make a campaign speech on the problems of the unemployed at the election bus; and (c) referring to this flasing, e.g., e., e., e., flap., e., e., e., e., e., e., f

In light of the following facts and circumstances acknowledged by the records of this case as to whether the Defendant attempted to throw a vinyl paper cited in his hand, namely, ① the Defendant consistently denied this part of the facts charged by the investigative agency, and ② the evidence as to this part of the facts charged is the only statement of G and F. The purport of his statement is that “the Defendant attempted to throw the vinyl paper on the basis of the intervinyl chloride paper,” and thus, it appears that the Defendant’s statement appears to be a mere subjective statement of perception as to the fact that he tried to put a vinyl paper cited in his hand as indicated in the facts charged, it is insufficient to acknowledge the fact that the evidence submitted by the prosecutor alone was about to go a candidate E in the D market where the Defendant made a speech on the ballot paper on his hand as indicated in the facts charged, and there is no other evidence to acknowledge this otherwise.

This part of the facts charged should be pronounced not guilty in accordance with the latter part of Article 325 of the Criminal Procedure Act because it falls under the case where there is no proof of crime. However, since it is found guilty of a violation of the Public Official Election Act which is related to this crime, the judgment of

2. Anyone who intends to become an elector, candidate or candidate in connection with an election;