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(영문) 대구지방법원 포항지원 2014.08.18 2014고합74

공직선거법위반

Text

Defendant

A shall be punished by a fine for negligence of 800,000 won and by a fine of 500,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the director general of the advertising division of C Newspaper Co., Ltd., and Defendant B was the person who was involved in the election campaign with D's pro-win and pro-windity of the candidate for the Posting market of nationwide local elections at Dong-si, which was implemented on June 4, 2014, and two persons are high school students.

In relation to the election of the head of a basic local government, Defendant A proposed that Defendant B “it shall be granted even if the circumstances of an election campaign office are difficult,” at the D election campaign office located on the fourth floor of the building located in Nam-gu, Nam-gu, Si/Gun/Gu around May 25, 2014.” Defendant B consented to this, and sent an advertisement file (D’s campaign guide) via the election campaign worker F around May 25, 2014, to the e-mail address of the C Newspaper.

이에 피고인 A은 위 광고문안을 토대로 2014. 5. 26.자 C신문(제1819호) 제20면 전면에 D의 사진, 기호, 성명과 함께 “경제전문가 D, 포항의 경제가 도약합니다, 포항의 살림 알뜰하게 챙깁니다.”라는 등의 내용으로 광고를 게재한 후 그 신문 약 2,550부를 대구ㆍ경북 지역에 있는 관공서 등에 배부하였다.

As a result, the Defendants conspired to engage in an election campaign in a manner that does not permit the Public Official Election Act.

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on internal investigation (Attachment of newspapers and advertising photographs), internal investigation report (Attachment of books for publicity of D elections), internal investigation report (Attachment of books for publicity of D candidates' full-scale advertising files, and confirmation of the addressee);

1. Application of the Act and subordinate statutes to investigation reports (attached to data verifying the number of copies published in C newspaper as of May 26, 2013);

1. Relevant Articles 252 (1) and 94 of the Public Official Election Act, and Article 30 of the Criminal Act concerning criminal facts;

1. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act for attracting partners in a workhouse;

1. Scope of applicable sentences under law: Fines of 50,000 to 6 million won; and

2. Determination of sentence;