공직선거법위반등
The defendant shall be innocent.
1. No one who is the summary of the facts charged shall obtain a signature or seal from the electorate for an election campaign;
Nevertheless, around April 4, 2018, at K's election office located in P on April 20, 2018, A and B conspired to obtain the support signature of an unspecified number of people in order to hold the "J Party K Reserve Candidate Support Declaration", and ordered the Defendant, D, E, F, etc. to make a list stating the name, contact information, and signature column on the paper A4 and receive the support signature.
Since March 2018, the Defendant and D, E, and F received signatures from 92 persons, such as AT, from the end of March 2018 to April 4, 2018, to support K, as shown in the attached list from I to the end of April 4, 2018.
Accordingly, the defendant was signed by the electorate for an election campaign in collusion with A, B, D, E, and F.
2. The key issue of the instant case was that the Defendant, A, D, E, and F obtained the Defendant’s signature to K from 92 persons, such as AT, and that the Defendant committed a crime related to the I market election of the 7th nationwide local election, which was implemented on June 13, 2018, and the prosecution was instituted for a violation of Articles 255(1)18 and 107 of the Public Official Election Act (violation of the Prohibition Provisions on Signature and Seal Campaign).
On the other hand, the defendant asserts that the above act is related to the intraparty competition of the Jparty, so it does not constitute a violation of Article 255 (1) 18 and Article 107 of the Public Official Election Act.
In the end, the issue of this part of the facts charged is whether the defendant's act is related to the election of the Jparty competition beyond that of the J Party competition.
3. Relevant legal principles
A. The Public Official Election Act distinguishing between the election campaign and the intraparty election under the Public Official Election Act provides that the election campaign is to be or not to be elected (Article 58(1)), and the election of National Assembly members, local council members and heads of local governments (hereinafter “election for public office”) shall be held.