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(영문) 인천지방법원 2018.11.30 2018고합725

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 26, 2018, the Defendant is a person registered as a preliminary candidate who belongs to a political party C on May 26, 2018 to go out of Incheon City from May 31, 2018 to June 12, 2018.

1. No one who violates an election campaign period and prohibition of installing facilities, etc. shall carry out an election campaign prior to the election campaign period, and no one shall wear a label or other indicating the names, etc. of persons who intend to become a candidate for the purpose of influencing the election from 180 days before the election day to the election day;

Nevertheless, at around 07:00 on March 18, 2018, the Defendant: (a) putting the name of the Defendant and the phrase of Si Council members in front of the E Hospital located in Incheon D in order to two mountain buses of the mountain conference which were stopped at that time; and (b) approximately 60 members of the Si Council are members of the mountain conference.

This 7th local election was held as a Si Council member.

“.....”

As a result, the defendant carried out an election campaign prior to the election campaign period, and wearing a mark indicating the name of the person who wants to be a candidate from 180 days before the election day to the election day.

2. No person may distribute a name tag indicating the name of a candidate, except as prescribed by the Public Official Election Act, in order to influence the election from 180 days before the election day to the election day (no person may give or appeal for support within a hospital the name of a candidate, photograph, telephone number, academic background, career, or other matters necessary for publicity, which carried his/her name, photograph, telephone number, educational career, and other matters necessary for publicity, shall be permitted even if he/she is a preliminary candidate). Nevertheless, on April 16, 2018, the defendant shall be allowed to use a name tag or appeal for support within a hospital with the length of not more than 9cm wide.