beta
(영문) 서울동부지방법원 2016.07.22 2016고합173

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 80,000.

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

Reasons

Criminal facts

The defendant is a person registered as a candidate in preparation for a constituency in the 20th National Assembly election, which was enforced on April 13, 2016.

No person shall visit door to door for an election campaign.

Nevertheless, the Defendant decided to carry out an election campaign by visiting each office of the F Office in Seoul E in order to distribute the name cards of preliminary candidates.

On January 21, 2016, around 15:33, the Defendant entered the Gu office room in the third floor of the F office building, and distributed the name cards of his preliminary candidate to employees in the office room. After which, the Defendant filed an appeal for support by entering the sixth floor residential regeneration department office, the sixth floor environment and office, and the third floor bureau room in order, and distributing the name cards of his preliminary candidate to employees working in the office.

In this respect, the defendant tried to protect the defendant by door for election campaign.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol with respect to G, H, I, J, K, and L;

1. A list of preliminary candidates of the Central Election Management Committee;

1. Application of Acts and subordinate statutes to photographs (a photograph 1-10) of a caps;

1. Article 255 of the Act on the Election of Public Officials and Articles 255 (1) 17 and 106 (1) (generally, selection of fines) of the Act on the Election of Public Officials to commit a crime;

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

1. The Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The Defendant and the defense counsel’s office attached to the Gu office room and the bureau room attached to the bureau room (hereinafter “each annexed room of this case”) among the visiting places indicated in the facts of crime in the judgment do not constitute an open place where the entry of the general public is not prohibited, and door-to-door visits for election

The argument is asserted.

Article 106 (1) of the Public Official Election Act shall not make visits to each house for election campaign or for the solicitation of admission during the election period.

Paragraph 2 of the same Article provides that "A person who is entitled to engage in an election campaign" shall be subject to Paragraph 1.