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(영문) 전주지방법원 2013.04.25 2013고합1

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant was a candidate for the 18th presidential election.

No one shall conduct an election campaign by means of various printed materials, etc. except in a way prescribed by the Public Official Election Act prior to the election campaign period, and no one shall distribute, post, or spread photographs, documents, printed materials, etc. indicating a political party or candidate (including a person who intends to become a candidate) in order to influence the election from 180 days prior to the election day to the election day, except in accordance with the Public Official Election Act

피고인은 선거운동기간 전인 2012. 9. 27. 13:00경 전주시 완산구 전동 상공회의소 앞 노상에서, 앞면에는 자신의 이름과 사진, 뒷면에는 자신의 약력과 ‘지상낙원 건설!! 대통령선거 A’라고 기재한 명함형 인쇄물(이하 ‘이 사건 명함’이라고 한다)을 ‘대통령 후보입니다, 잘 부탁드립니다’라고 말하면서 C 등 불특정 다수의 사람들에게 배부하였다.

Accordingly, the defendant carried out an election campaign before the election campaign period, and distributed printed materials to influence the election.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, C, E, F, and G;

1. A protocol concerning the examination of partial police officers of the accused;

1. Records of seizure and the list of seized articles and photographs thereof;

1. A warrant for search, seizure and verification;

1. Two original copies of printed matters, and copies of the President's Mapo Declaration; and

1. Each investigation report (in relation to the situation at the time of arrest of flagrant offenders, the distribution of name cards A during the presidential election, the distribution of name cards, the attachment of name cards, the attachment of name cards, and the attachment of like power judgments) shall apply to the laws and regulations.

1. Article 254 (2) of the relevant Act on the Election of Public Officials, Article 255 (2) 5 of the Public Official Election Act, and Article 93 of the Public Official Election Act for criminal facts (a point of distribution of documents, etc. by illegal means);

1. Documents in accordance with Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes which are more severe than that of the crimes;