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(영문) 춘천지방법원 2016.10.07 2016고합70

공직선거법위반

Text

Defendant

A shall be punished by a fine for negligence of 800,000 won and by a fine of 700,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

No one shall install or post a banner, etc. in order to have an influence on the election from 180 days before the election day to the election day, except as prescribed by this Act.

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

Defendant

A, as the participants of the above assembly, the Defendants, as the participants of the above assembly, posted a banner on March 27, 2016 at the center of Gangwon-do Party of Gangwon-do Party of Gangwon-do, in collusion with those who participated in the assembly, stating the words "I do not have any sign" in order to resist the position that the Democratic Party of Gangwon-do, while carrying out the counter-rup of the Yansan Cable Cable Cable, at the seat of the Democratic Party of Gangwon-do Party of Gangwon-do, at around 15:00 on March 27, 2016, to oppose the position that the Democratic Party of Gangwon-do would agree with the Yansan Cable Cable."

Summary of Evidence

1. Defendants’ partial statement

1. Some of the prosecutor's interrogation protocol against the Defendants

1. Some of the police suspect interrogation protocol against the Defendants

1. The Defendant A asserted that he posted the instant banner at the time of the press conference to determine whether the Defendants and the defense counsel’ assertion on the copy of the report of outdoor assembly, F-type, etc., information measures such as printing photographs printed out of the franchise card, but the contents of the banner were not publicly recruited in advance. Defendant B asserted that there was no intention or conspiracy to commit the instant crime, since the banner divided by the host side was divided by a chance with other participants in the assembly, the banner was not likely to have been cut down by a legitimate person, and thus, Defendant B did not have any intention or conspiracy to commit the instant crime.

At least two co-offenders who are co-processed with crimes are not required by law, but by two or more persons.