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(영문) 의정부지방법원 2017.01.25 2016고합432

공직선거법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a middle school teacher B who is unable to engage in an election campaign.

1. C Party-related Defendant share a D notice “C Party” with the content that “D Political 13 April 13, 201” in the name of the Defendant at the time of the Government around 08:38 on March 24, 2016; and

3. Around 26. 26. 00:58, the Defendant’s motion picture to obtain support from C political parties in the 20th National Assembly election by recording the above notices on the Defendant’s motion picture.

2. On April 1, 2016, the Defendant for an election campaign relating to F related to the candidate for an election of National Assembly members was the second day of the Defendant’s election of the 20th National Assembly member G constituency candidate INH, and No. Ha on the second day in the 20th National Assembly member G constituency.

And it was 4 months ago.

Until every 2 weeks, the Mababro Mabro Maba

“ by sharing a F’s notice, carried out an election campaign seeking support for F in the 20th National Assembly candidate by sharing the F’s notice.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution with regard to I;

1. Application of Acts and subordinate statutes to accusation forms, replies to the results of processing civil petitions, certificates of submission, such as information storage media, SNS posts, Internet posts, and F-election poster outputs;

1. Article 255 (1) 2 of the relevant Act and the main sentence of Article 60 (1) 4 of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of Public Officials in Charge of the Selection of Punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a violation of the Public Official Election Act as provided for in paragraph (2) of the said Article, with heavier punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The gist of the assertion is as follows: (a) although the content of the act is similar to that of the accused, the indictment of only the accused without clear criteria is contrary to equity.

B) The defendant.