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(영문) 수원지방법원 여주지원 2014.06.19 2014고합31

공직선거법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was a person in charge of accounting of E (the withdrawal on April 13, 2014) (registration on March 5, 2014) that was registered as a preliminary candidate for the 6th simultaneous local election D party CP candidate at the City/Do election commission at C. The Defendant was a relative of E.

No one shall distribute, post, spread, play, or run an advertisement, letter of personnel management, poster, photograph, drawing, drawing, printed matter, recording or video tape and others similar thereto, which contain the contents of supporting, recommending or opposing a political party or candidate (including a person intending to become a candidate), or which indicate the name of a political party or candidate, in order to influence the election from 180 days before the election day to the election day.

Nevertheless, from March 17, 2014 to 15:00 on March 17, 2014, the Defendant: (a) attached approximately 500 printed matter of the name tag size stating E’s photograph, academic background, career, etc. to the above apartment and G apartment to each household entrance, elevator, etc. in order to raise the awareness and support rate of the above E preliminary candidates from the F apartment and G apartment, and to have an impact on the election.

Accordingly, the defendant posted printed materials that indicate the name, etc. of E, a preliminary candidate for the D Party C market, not according to the Public Official Election Act.

Summary of Evidence

1. Defendant's legal statement;

1. Originals, field photographs, and field photographs collected at the site;

1. Application of Acts and subordinate statutes to report internal investigation (verification as to whether preliminary candidates are registered), the National Election Commission, the election statistics system of the National Election Commission, photographs of persons in charge of accounting, family relation certificates, and notification of data on investigation affairs;

1. Relevant Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel posted name cards as stated in their reasoning.