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(영문) 서울중앙지방법원 2018.06.18 2017고합1115

공직선거법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

H’s election campaign that came to the candidate of the J Party in the I election conducted on May 5, 2017, when the advance voting rate of around 18:00 was exceeded 25%, and in order to recall it, and to encourage H to participate in the voting on the election day scheduled to be H, one of the instant events is called “flurging (flurging with people in flurgs)” around May 6, 2017, and the Defendant was in charge of preparing and conducting the said “flurging” as a person in charge of the affairs related to the event of the above camp.

[Violation of the Public Official Election Act] No person shall use a precise device for an election campaign, except where he/she is used for a speech, interview or debate at the place of a campaign speech, interview or debate open to the public under the Public Official Election Act or at the place of an interview or debate, and conduct an election campaign using a tape recorder or video camera (including a video and audio device) during the election period, unless it is prescribed by the provisions of the same Act.

Nevertheless, around 19:30, around May 6, 2017, the Defendant’s place of the above event is not a campaign speech meeting place or interview meeting place under the Public Official Election Act, but a campaign speech or interview and debate place, but a loudspeaker is used for an interview or debate. However, the above stage’s identity device and Defendant’s personal mobile phone without a mark of the competent election management commission’s report are used to make the following remarks, and the Defendant’s personal mobile phone is included in the contents of the statement with K Candidate’s fostering, and the Defendant’s assertion is to reproduce the voice and music parts of the “M” as an election campaign of K Candidate at the time of election, which is the purport of asserting support for K Candidate, and to reproduce the voice and music parts of the “M” as an election campaign at the time of election. The Defendant’s cell phone with the Internet website as a stage file via the search puts on the Internet website.