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(영문) 광주지방법원 2017.12.08 2017고합466

공직선거법위반

Text

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

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

Reasons

Punishment of the crime

Any private group of individuals, such as a native folks society, relatives' society, alumni association, alpine society, etc., fraternity group, etc., shall not be allowed to carry out an election campaign in the name of the institution or organization concerned or in the name of its representative.

The Defendant, who was the secretary general of the Gwangju District Office, was in mind of supporting the candidates for the 19th presidential election D political party E, and around 11:00 on April 20, 2017, left a banner stating the words “(former) organization E candidate support declaration, (former) organization E candidate support declaration, and (former) organization of the C Gwangju metropolitan group” in Gwangju-ro 111, located in the Seo-gu, Seo-gu, Seo-gu, Gwangju, and withdrawn the F candidate support.

G Council members withdraw the F candidate support, which is controversial as a candidate who instructs the deletion from the party platform with the spirit of 5 18 and the words of succession to the G Council member's 5 18 G Council member's G Council member's 5 and 18 related visits.

On May 9, 2017, Gwangju 5/18 Democratization Movement announced the 19th presidential election D party E, which was implemented on May 9, 2017, that the most strong will to find the truth about the democratization movement, and Gwangju Doctrine declared support for the only candidate E, which gave notice of succession to inheritance, thereby conducting election campaigns in the name of an organization where election campaign is prohibited.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to H, I, J, K, L, M, N,O, and P;

1. Written accusation (including attached documents);

1. Application of Acts and subordinate statutes to each investigation report (including the document No. 6,8, 11, 14, 17, 21, 27, 32, 34, 36, 38, 40, 42, and 44 of the evidence list, and each accompanying document);

1. Article 255 (1) 11 of the Act on the Election of Public Officials and Articles 87 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fine not exceeding 6 million won;

2. Application of the sentencing criteria [types] election campaign in violation of the election campaign period.