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(영문) 수원지방법원 안양지원 2017.09.13 2017고합149

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 900,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall install, display, display, or distribute wreaths, wind lines, signboards, placards, advertising balloons, advertising balloons, other advertisements or facilities, in order to influence the election from 180 days before the election day (in cases of special elections, etc., the time when the reason for holding the relevant election becomes final and conclusive) to the election day.

In such cases, the use of the name of a political party or the name or photograph of a candidate, or any expression by which such name or photograph can be inferred, shall be deemed to have an influence on the election.

On April 14, 2017, the Defendant installed a banner of “E” (7m wide, 5m vertical length) in which the name of D, a candidate for the 19th presidential election, can be inferred from the outer wall of the 19th presidential election of the Defendant, on the outside wall of the Mayang-gu Office C building in Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry in a report on internal investigation (in the form of a banner, etc.), a report on internal investigation (No. 7 No. 5 of the evidence list), and a report on internal investigation (the currency of the business operator installing banner);

1. Descriptions, copies of receipts, entries in the register, building register, and the application of video-related Acts and subordinate statutes;

1. Relevant Article of the Act and Article 256 (3) 1 (h) and Article 90 (1) 1 of the Act on the Election of Public Officials in Charge of Criminal Facts (opportune selection);

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

1. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not against the Defendant’s provision on the installation of facilities under the Act on Election of Public Officials to put up a banner on which the name of the candidate can be inferred, in violation of the provision on the installation of facilities under the Act on Election of Public Officials. Such an act is not against the law in that it damages the legislative intent of the Act on Election of Public Officials which strictly regulates election campaign methods in order to ensure the fairness of election, and there is a risk of undermining the fairness of election by affecting the people’s right decision-making

However, the defendant reflects his mistake and is subject to criminal punishment for the same crime.