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(영문) 수원지방법원 안산지원 2017.10.26 2017고합216

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

The defendant is a member of the F Council as the chairman of the Joint Election Measures Committee for a Political Party E-election.

No one shall distribute, post, distribute, screen, or display a document indicating the details of recommendation of a candidate or a document indicating the candidate's name, in order to have an influence on the election from 180 days before the election day to the election day, and no one shall distribute the document or other printed materials to the residents of the constituency in order to encourage or promise to carry out an election campaign.

Nevertheless, the Defendant from around April 30, 2017

5. By January 1, G (H Dong, I Dong, J Dong, and K Dong Dong) 14 centers were visited, and distributed 367 copies of the appointment letter stating that “the appointment of the head of a special member for the election district welfare for the elderly in the election district E-election in the name of the 19th President candidate who voluntarily produced the members of the 19th presidential senior citizens center in the place without prior consent or understanding of the members of the 19th presidential senior citizens center.”

As a result, the Defendant distributed documents indicating the name of the candidate to influence the election for the 19th presidential candidate L, and distributed documents to the electoral district residents to encourage and promise an election campaign.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to M and N;

1. Each written confirmation ofO, P, Q, R, S, T, U,V, and W;

1. A letter of answer in X;

1. Application of Acts and subordinate statutes on recalls for each senior citizen center;

1. Article 255 (2) 5 of the Act on the Election of Public Officials and Article 93 (1) (including the distribution of documents to influence an election), Article 255 (2) 5 of the Act on the Election of Public Officials and Article 93 (3) (including the occupation of distributing documents to recommend an election campaign, and including the occupation of distributing documents to recommend an election campaign);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (Punishments imposed on a violation of the Public Official Election Act due to the distribution of documents to have an influence on a election heavier than the quality of the crime);

1. Selection of a fine for negligence;