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(영문) 수원지방법원 2012.11.14 2012고합813

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The person who violates the Public Official Election Act by posting literary works shall be prohibited from distributing, performing, screening or posting literary works, entertainment, drama, motion pictures or photographs for election campaign during the election period in a manner that is not prescribed in the Public Official Election Act;

Nevertheless, on April 7, 2012, the election period of the 19th general election, around 17:15, the Defendant posted 2 F’s “G”, a written work, in order to allow many unspecified customers to view the election of the D cafeteria candidates for the Defendant’s D cafeteria run in Osan-si, Osan-si.

Accordingly, the Defendant posted a written work for an election campaign during the election period.

2. No one who violates the Public Official Election Act by posting documents in the manner of illegal acts shall distribute, post, distribute, play, screen, or run advertisements, personnel management books, posters, photographs, documents, drawings, pictures, printed materials, recording tapes, video tapes and others similar thereto, which include the contents supporting, recommending, or opposing political parties or candidates without going through the provisions of the Public Official Election Act to the election day from 180 days before the election day, or which indicate the names of political parties or candidates;

Nevertheless, on April 7, 2012, the election period of the 19th general election, the Defendant posted three copies of F’s election campaign bulletins, “H”, “I”, “I”, “F’s parliamentary report, and “F” in order for many unspecified customers to be seen in the election of the candidates for D cafeteria E in the front of the D cafeteria. < Amended by Act No. 11448, Apr. 7, 2012; Act No. 11358, Apr. 7, 2012>

Accordingly, the defendant posted a document indicating the name of the political party and the name of the candidate in order to influence the election.

3. Anyone who violates the Public Official Election Act by posting a notice other than the ordinary means of newspapers shall be engaged in newspapers, communications, magazines or institutions, organizations and the organ of facilities, except as provided for in the Public Official Election Act;

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