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(영문) 서울동부지방법원 2014.10.17 2014고합289

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 4, 2014, the Defendant was an election campaign manager E of a preliminary candidate for the Cparty D head of the Gu of Dong-si Local Election, which was implemented by the Defendant on June 4, 2014, and served as the Secretary E from July 1, 2014.

No one shall install a banner, etc. except for those prescribed by the Public Official Election Act, in order to influence an election from 180 days before the election day to the election day, and in such cases, the use of the name of a political party, the name or photograph of a candidate (including a person who intends to be a candidate) or any expression of the name or photograph of a political party or of a candidate (including a person who intends

Around 17:00 on February 27, 2014, at G located in Seoul F, the Defendant held a publishing commemoration meeting on the pledge house of D head candidate E, and installed on the outer wall of the above building “H party E’s election campaign site, E publishing commemorative meeting, E publishing commemorative meeting, February 27, 2014, the phrase “I”, and one banner (4 meters per 4 meters, 8 meters in length) on which the photograph of Preliminary candidate E is posted.

Accordingly, the defendant set up a banner that is not in accordance with the Public Official Election Act to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. Some of the suspect examinations of prosecution E;

1. Statement to the Prosecutor's Office;

1. The K's statement;

1. Application of Acts and subordinate statutes to field photographs, investigation reports (in relation to statements of a suspect, counter-verifications by the Election Commission), investigation reports, attachment of records, investigation reports, investigation reports (report on preparation of records), investigation reports (I and election affairs guidance books);

1. Relevant Articles 256 (3) 1 (h) and 90 (1) 1 of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not set the sentencing criteria.

This case is the name of a party against the provisions of the Public Official Election Act.