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(영문) 울산지방법원 2016.09.23 2016고합260

공직선거법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The C constituency of the 20th National Assembly member election scheduled to take effect on April 13, 2016 was competing with the E candidates belonging to D party, F party, G candidates belonging to F party, and H candidates belonging to F.

No one shall install, display, post or distribute any wreath, balloon, signboard, placard, advertising balloon, apparatus or advertising tower, other advertising materials or facilities, in order to have an influence on the election from 180 days before the election day to the election day.

Nevertheless, Defendant A was able to make efforts to get on the right of way and do so.

On April 6, 2016, when manufacturing and preparing a banner (7m width, 0.8m length length) with the phrase “,” he participated in “A citizen’s right in front of the branch office of the NHFF U.S. J. J., located in Ulsan District,” which is located in the said C District, and then combining one end of the said banner to the utility pole, and the Defendant B, who participated in the said campaign, took part in “A citizen’s campaign for participation in the general election on April 13, 2013,” was placed on the front of the branch office of the NHFFF, which is located in Ulsan District, and posted it to enable the people to see that the said banner was only one hour from around 18:30 of the same day.

Accordingly, the Defendants conspired to post a banner in order to influence the election.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to K in the police statement;

1. Application of Acts and subordinate statutes to a copy of the outdoor assembly report, and field photographs;

1. Relevant Article 256(3)1 (h) and Article 90(1)1 of the Public Official Election Act; Article 30 of the Criminal Act; Selection of a fine, Article 30 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. Scope of punishment by law: Not exceeding four million won by fine;

2. The sentencing criteria are not set for Article 256 (Violation of Various Restrictions) of the Act on the Election of Public Officials within the scope of the recommended punishment on the sentencing criteria.