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(영문) 수원지방법원 여주지원 2018.09.13 2018고합47

공직선거법위반

Text

Defendant

A and C shall be punished by a fine of 700,000 won, and Defendant B shall be punished by a fine of 1,00,000 won.

The defendants are the defendants.

Reasons

Punishment of the crime

Defendants are the parents of candidates E in the election district of the National Assembly member G political party H in the 7th simultaneous local election, which was implemented on June 13, 2018.

No one shall distribute, post, spread, screen or run an advertisement, letter of personnel management, poster, photograph, document, drawing, printed matter, tape or other similar things, which contains the contents of support, recommendation or opposition of a political party or candidate, or which indicates the name of a political party or candidate, in contravention of the provisions of the Public Official Election Act, with the aim of influencing the election from 180 days before the election day to the election day.

Nevertheless, at around 11:40 on June 12, 2018, Defendant B proposed that each of 100 of the 300 pages of the election name of the above E candidates, which was held on the roads of “H Party E” and “political for Gun citizens together with Gun residents,” which was held on the roads of “J” located in Gyeonggi-do I, should be divided into Defendant A and Defendant C, and the said election name should be distributed together. Defendant A and Defendant C consented thereto.

Accordingly, from that time to 15:30 on the same day, the Defendants included the above election name cards in the L School of Gyeonggi-do, or distributed approximately 250 copies of the above election name cards on the stairs or floor of the building by spreading the above election name cards.

As a result, the Defendants conspired to distribute the above election name, which is a printed matter indicating the name of the political party and the candidate's name, to the extent of affecting the election, instead of the provisions of the Public Official Election Act.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement by the police of M;

1. Investigation report (any CCTV data that identified a suspect A or C as a suspect), investigation report (any suspect's spraying details and any photograph of recovering any name after arrest), investigation report (any Nphone statement that gives a name to B), investigation report (any Nphone statement that is issued to B), and investigation report (a separate statement that is accompanied by the grounds for commencement of the investigation and separate statement of the F Line's petition);

1. Each protocol of seizure;