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(영문) 광주지방법원 2020.11.13 2020고합307

공직선거법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From October 30, 2019 to the 21st National Assembly member election, the Defendant was a person who held office as the Chairperson of the Do Party, Do Party, Do Party, and was a person who intended to become a candidate for C constituency in the 21st National Assembly member election conducted on April 15, 2020 at the time of committing the following crimes.

1. No person who violates the prohibition of distributing printed matters by unlawful means shall distribute, post, spread, play, or display any advertisement, letter of personnel management, poster, photograph, document, picture, picture, printed matter, recording tape, video tape, and others similar thereto which include the contents supporting, recommending, or opposing a political party or candidate (including a person who intends to become a candidate; hereinafter the same shall apply in relation to paragraph (1)) with the aim of influencing an election from 180 days before the election day to the election day.

Nevertheless, around January 15, 2020, the Defendant distributed 13,000 plastic bags containing the instant policy promotion materials to C and F market merchants in the same manner as above, including the fact that the Defendant, around January 15, 2020, posted 40 forms of policy promotion materials in plastic bags (hereinafter “instant policy promotion materials”) such as plastic bags in which policy is printed, and distributed 13,000 plastic bags containing the instant policy promotion materials to C and F market merchants from the same date to February 2, 2020.

As a result, the defendant distributed printed matters indicating the name of a political party to have an influence on the election between 180 days before the election day of the 21st National Assembly member election to the election day.

2. A candidate who violates the prohibition of contribution by the candidate (including a person who intends to become a candidate; hereinafter the same shall apply in relation to paragraph 2.) shall be a person in the constituency concerned, or an institution, organization, or facility, or an elector in the constituency concerned, but outside the constituency concerned.

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