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(영문) 광주지방법원 목포지원 2014.10.16 2014고합108

공직선거법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who registered as a preliminary candidate to the National Dong-si Local Election C Council member, which was enforced on June 4, 2014, and thereafter registered as a candidate and won is elected as a C Council member.

No one shall install, display, post, or distribute any wreath, balloon, signboard, placard, advertising balloon, advertising balloon, other advertising material or facilities, except in cases 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 no one shall carry out an election campaign by means of propaganda equipment or tools, various printed materials, broadcasting, newspapers, news communications, magazines, and other publications, campaign meetings, debate meetings, debate meetings, native folks meetings, alumni meetings, neighborhood meetings, other meetings, information and communications, the establishment of an election organization or private organization, door-to-door visits, or other methods, except in cases prescribed by the Public Official Election Act, prior to the election campaign period.

Nevertheless, on April 22, 2014, prior to the election period for the 6th nationwide local election, the Defendant installed six banners of the same content in the F-election district, including “E” on the front day of “E” in front of “E, prior to the election period for the 6th national Dong-si local election,” stating “C Council members candidate G constituency A and June 4, 201, the voting day of which is the day on which the voting day is voting day, and which is, regardless of the experience and on the bicycle race, the power of the C Development is to turn off,” and posted on April 22, 2014.

Accordingly, the defendant posted a banner that is not in accordance with the Public Official Election Act, and at the same time carried out an election campaign by a preliminary candidate without permission.

Summary of Evidence

1. The Defendant at the prosecution’s interrogation protocol against the Defendant does not dispute that he did not participate in the production and posting of the instant banner in the court. However, as seen thereafter, the Defendant registered the Defendant as a preliminary candidate on April 7, 2014 and carried out an election campaign in advance before making a full-scale election campaign.

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