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(영문) 의정부지방법원 고양지원 2016.09.30 2016고합107

공직선거법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 29, 2015, the Defendant was sentenced to a fine of one million won for a violation of the Public Official Election Act by the Seoul High Court, which became final and conclusive on February 6, 2015, and has no voting right until February 5, 2020.

A person who has no voting franchise shall not carry out an election campaign.

Nevertheless, at around 16:46 on January 27, 2016, the Defendant was connected to the Defendant’s Internet page North Korea, and at the 20th National Assembly member election campaign, the Defendant posted the Defendant’s “this person, introduced, and introduced the Defendant’s Internet page” for the promotion of the Defendant’s Internet campaign for the 20th National Assembly member election.

The 20th election officially announced farb farb, the people living together, farbed, and Mete members, together with C constituency:

♡" 라는 글과 E 후보가 ‘E 국회의원 선거 C 선거구 2’라고 쓰여 진 단상 앞에 서서 연설을 하는 사진이 첨부된 게시물에 ‘ 공유하기 ’를 눌러 피고인의 페이스 북 친구들에게 그 게시물을 배포한 것을 비롯하여 그 무렵 불상지에서 별지 범죄 일람표 기재와 같이 8회에 걸쳐 E의 선거운동 홍보용 게시물에 ‘ 공유하기’ 또는 ‘ 좋아요

‘Cretains the notices and distributes them to the Defendant’s Facebook, etc.

As a result, the Defendant, who is unable to carry out an election campaign, carried out an election campaign by distributing letters to promote E's election campaign for the election of E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A reply to an investigation report (determination of election day, attachment of E electronic books), each investigation report (verification of a preliminary candidate list, confirmation of a candidate list, date of confirmation of a suspect's judgment, confirmation of the date of confirmation of a suspect's judgment, attachment of suspect page to North Korea page, submission of G data, etc.), request for cooperation in an investigation (request for confirmation

1. Written accusation of the F and H production;

1. Application of statutes, such as judgment, page notices and photographs;

1. Article 255 (1) 2 of the Act on the Election of Public Officials and Article 60 (1) 3 of the Act on the Election of Public Officials for the Punishment of Criminal Crimes (Selection of Penalty).