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(영문) 의정부지방법원 2014.12.23 2014고합400

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Criminal facts

The defendant is a member of the Gyeonggi-do Council, who was elected on June 4, 2014 from the 6th local election of the Do Council member of Gyeonggi-do on June 4, 2014.

A local council member cannot report the parliamentary activities in a way other than posting a report on the parliamentary activities on the Internet from 90 days before the election day to the election day. However, the defendant, along with E, who is an election campaign manager, posted one copy of the report on the parliamentary activities in the name of the defendant in 2013, stating the details and the letter of personnel affairs of the defendant in the name of "G" in May 18, 2014 and posted one copy of the report on the parliamentary activities in the name of the defendant in 2013, and distributed 278 copies of the report on the above parliamentary activities in a manner other than that prescribed by the Act, by distributing 278 copies of the report on parliamentary activities by printing the mail box or the entrance of H-Japanese house from around 15:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement to I, J and E;

1. The police statement of K;

1. Report on parliamentary activities, Internet news data, notification on the result of management, requests for cooperation in investigations and replies, and warnings against violations of the Public Official Election Act;

1. Data on replies to requests for provision of communications data and analysis of details of telephone calls;

1. Guidance showing the scene on which a report on parliamentary activities is found;

1. On-site photographs and vehicle photographs;

1. Application of Acts and subordinate statutes to a investigative report (CCTV verification, A vehicle verification, Lline map chief and accompanying related data, such as telephone calls and field photographs, and the application of statutes to the election campaign manager E and telephone reports conducted on June 4, 2014;

1. Article 256 (3) 1 (o) and Article 111 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the election is free of the people.