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(영문) 부산지방법원 2013.04.19 2013고합159

공직선거법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall distribute, post, spread, play, or run any advertisement, letter of personnel management, poster, photograph, document, drawing, drawing, printed matter, tape-recording, recording, video tape or others similar thereto, in which contents supporting, recommending or opposing a political party or candidate are included, or which indicate the name of a political party or candidate's name, in order to influence an election from 180 days before the election day to the election day.

Nevertheless, at around 19:30 on December 13, 2012, the Defendant, along with two photographs stating the name and symbol of the candidate E, sent to the 18th presidential election, from the 'D Pidio' photographic book of the Defendant’s operation in Busan-gu, Busan-gu, to the 1219 votes.

Stickers with the word "" were affixed to the front (the front) of the above photographer.

Accordingly, the defendant posted a photograph indicating the candidate's name in order to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a trading statement);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Scope of Punishment] 50,000 won - 4,000 won - 4,000 won - [Determination of type] election crimes, illegal election campaigns in violation of the election campaign period, and Type 2 (Violation of Election Campaign Method) / [Scope of Recommendation ] Where the degree of violation of election campaign method is minor (i.e., the degree of punishment] / [limited to punishment] 500,000 won - 90,000 won / [Determination of Punishment ] 500,000 won / 50,000 won / 50,000 won / two photographs with the name and marks of the candidate E are attached to the front glass of the photographic library operated by the defendant himself.