beta
(영문) 광주지방법원 2014.09.26 2014고합326

공직선거법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant stated in the instant indictment that “The Chairperson of the C Party Member of the Da Party in the Jeon-nam Ma is the C Party Member of the C Party,” but the Defendant was not on duty since the establishment of the C Party on March 27, 2014 (Evidence No. 224 pages). Therefore, at the time of the instant crime, at the time of the instant indictment, the Defendant was a party member.

On June 4, 2014, the 6th nationwide local election, which was implemented on June 4, 2014, has led to the E election campaign that was shot-gun, going out to be a non-affiliated military election.

No one shall distribute any advertisement, personnel record, poster, photograph, document, picture, printed matter, etc. which supports or recommends a political party or candidate, or which indicates the name of a political party or candidate, with the intention of influencing the election 180 days before the election day to the election day, or of causing him/her not to cast a vote or not to cast a vote, or of causing him/her to be elected or not to be elected, with the intention of causing it to be elected or not to be elected.

Nevertheless, at around 05:10 on May 29, 2014, the Defendant found at the house of G (n, 67 years of age) located in the Y in the YYF in the YE, and issued 12 copies of the above E name to the above G, and displayed the co-printed ballot paper indicated as voting on the HE No. 12, and issued KRW 100,000 in cash.

As a result, the defendant provided money to the elector for the purpose of winning the E candidate, and distributed printed matters indicating the name of the E candidate to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and I;

1. Application of Acts and subordinate statutes to goods subject to on-site collection (title 12), evidentiary materials, photographs (title 12, 100,000 won in cash);

1. Relevant legal provisions for facts constituting an offense, Article 230(1)1 of the Public Official Election Act (the provision of profits and fines), Article 255(2)5 of the Public Official Election Act, and Article 93(1) of the Public Official Election Act (the provision of fines), and the provision of fines.