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(영문) 서울남부지방법원 2016.03.10 2016고합7

공직선거법위반

Text

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

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

Reasons

Punishment of the crime

No one shall install a banner except as provided in the Public Official Election Act, in order to influence the election in connection with the election campaign from the time the reason for holding a reelection becomes final to the election day, and no one shall conduct an election campaign by installing propaganda facilities except as provided in the Public Official Election Act prior to the election campaign period.

On October 4, 2015, the Defendant installed a banner stating the following: (a) the D Cultural Sports Center located in Seoul Special Metropolitan City: (b) the D Cultural Sports Center located in C: (c) the street in front of the exit of E E, the street in front of the exit of 4, the street in front of the exit of F market entrance, the H public health clinic building in F, and the P public health clinic building in front of the G bank at the entrance of F market; and (d) the Defendant installed a banner: (a) the Defendant: (b) the Defendant’s “A banner - the Gu council for members invalidation of the Gu’s election before engaging in engaging in sexual traffic and resulting in a re-election of 10.28 re-election; and (b) the Defendant’s “I” installed a banner

As a result, the Defendant set up a banner, a propaganda facility, and carried out an election campaign to prevent I from being elected in the 20th National Assembly election that was scheduled to enter into force on April 13, 2016 at the same time, in order to influence the re-election of L Council members, which came into force on October 28, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect against each of the accused by the prosecution;

1. Major administrative schedule for the second half of October 28, 2015;

1. Application of the Acts and subordinate statutes to the photograph of the place where the banner of the K political party is posted, the vicarious collection photograph;

1. Article 256 (3) 1 (h) of the Act on the Election of Public Officials under the relevant Act on the Election of Public Officials and Article 256 (1) 1 (including the violation of prohibition against the installation, etc. of facilities), Article 90 (1) 1 (including the violation of prohibition against the installation, etc. of facilities) of the Act on the Election of Public Officials and Article 254 (2) of the Public Official Election

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who violates the Election Act of Public Officials due to a prior election campaign heavier than the nature of the crime);

1. Selection of an alternative fine for punishment;

1.Article 70 of the Criminal Code to attract a workhouse;