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(영문) 창원지방법원 진주지원 2016.11.03 2016고합81

공직선거법위반등

Text

Defendant

A As to the crime No. 1 in its holding, a fine of KRW 1,00,00,00, as to the crime No. 2 in its holding, KRW 500,00.

Reasons

Punishment of the crime

[Defendant A, B, C, and D]

1. The Defendants’ violation of the Public Official Election Act was registered in the 20th National Assembly member election that was implemented on April 13, 2016 as a preliminary candidate belonging to the K political party in the J constituency, and did not fall from the competition in the party.

No one shall post any advertisement except those prescribed by the Public Official Election Act in order to influence the election from 180 days before the election day to the election day, and no one shall conduct any election campaign using propaganda facilities, instruments, etc. except those prescribed by the Public Official Election Act before the election period (from March 31, 2016 to April 12, 2016).

On February 3, 2016, from around 18:30 to 19:00 on the same day, the Defendants prepared four diskettes in advance and divided them into the other Defendants, stating that “I’s former member of the National Assembly would be able to actively harming the suspicion of embezzlement (65 million won) for the three years of his assistant,” on the signboard (Ga 90cm x 50cm x height x 130cm x 130cm)” in front of the former member of the National Assembly, from around 18:30 to around 19:00 on the same day, the Defendants laid the above scket into the ground floor at each point of the private distance, and put the scket to the electorate passing through that place.

As a result, the Defendants conspired to conduct an election campaign by using diskettes that do not follow the Public Official Election Act in order to influence the election such as the defeat of preliminary candidates I from 180 days before the election day to the election day, and at the same time conducted an election campaign by means other than those prescribed in the Public Official Election Act prior to the election period.

2. A person who intends to hold an outdoor assembly or demonstration in violation of the Assembly and Demonstration Act by Defendant A shall submit to the chief of the competent police station a report stating the purpose, date, venue, address and occupation contact point of the organizer, organization scheduled to participate, number of persons scheduled to participate, method of demonstration, etc. from 720 hours to 48 hours before commencing an outdoor assembly or demonstration;

Nevertheless, the organizer of the demonstration is the organizer.