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(영문) 광주지방법원 순천지원 2014.05.15 2014고합52

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 who was registered as a preliminary candidate for a female-water market on February 21, 2014 at the 6th national and provincial elections scheduled to be held on June 4, 2014.

No one shall conduct an election campaign except in a way prescribed by the Public Official Election Act prior to the election campaign period, and distribute photographs, documents, paintings, printed materials and other similar things indicating the names of candidates (including persons who intend to become candidates) to influence the election from 180 days before the election day to the election day, except in accordance with the provisions of the Public Official Election Act.

On January 29, 2014, the Defendant issued to 10 residents, including three infinites, waiting for E and buses in the vicinity of the Dart, a letter of name infinite, stating the Defendant’s career, photograph, etc., such as “inf infinite,” and distributed approximately 300 copies of name cards to G high school’s office, which around that time, prior to registering as a preliminary candidate, by delivering the above name cards to G high school’s office, etc., at G high school’s office.

Accordingly, the defendant did election campaign except the ways prescribed by the Public Official Election Act prior to the election campaign period, and distributed printed matters indicating the name of the defendant to the candidate in order to influence the election from 180 days prior to the election day to the election day, not according to the Public Official Election Act.

Summary of Evidence

Defendant’s legal statement

Article 254 (2) of the Public Official Election Act (the point of prior election campaign), Article 255 (2) 5 of the Public Official Election Act, Article 93 (1) of the Public Official Election Act (the point of distributing printed materials by illegal means) of the permanent concurrent criminal law for the accused's interrogation report by the prosecution, the crime of Article 40 and Article 50 of the same Act is more severe.