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(영문) 의정부지방법원 2012.10.19 2012고합505

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant shall be the chairperson of the Council for Members D.

A party members' council shall not hold a rally of party members within a constituency in which an election is in progress or for party members who are electors, regardless of the pretext, such as unity, training, training, education of party members from 30 days before the election day to the election day.

Nevertheless, the Defendant held a party members' rally in the form of the Docsary conference by communicating about 50 members who belong to the above party members council and communicating about 50 members who were registered as F candidates in the E election that was implemented on April 11, 2012 to inform the members of the G who were registered as F candidates in the E election that was implemented on March 29, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to I and J;

1. Each statement of K, L, M, N, andO;

1. A copy of the P statement;

1. A list of persons who participated in an investigation report (in-house A and Q counterpart investigation) and Rhosing conference;

1. Application of each statute on photographs;

1. Relevant Article 256 (3) 6 and Article 141 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The defendant and his defense counsel held a party members' rally on the facts stated in the judgment of the defendant as the chairperson of the party members' council. However, the above party members' rally is not directed by the central party or City/Do party, but convened a personal decision as the chairperson of the party members' council, and therefore, it is not subject to punishment under Article 256(3)6 of the Public Official Election

2. Article 141 (1) of the Public Official Election Act, which is a provision regulating the restriction on a party members' rally, and "political party members' rally" in this Article, which is referred to as "party members' rally" in this Article, shall be referred to as "party members' rally, such as a party members' training meeting, for the inside the constituency in which an election is held, or for the party members who are the electors, regardless

(2) shall be held.