beta
(영문) 서울동부지방법원 2016.11.25 2016고합220

공직선거법위반

Text

Defendant

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

The above fines are imposed by the Defendants.

Reasons

Criminal facts

Defendant

B is the head of the planning and coordination office of the E Party, and the defendant A was the director of the publicity office of the E Party.

No one shall install, display, post or distribute paintings, placards, signboards and other advertising facilities, except for those prescribed by the Public Official Election Act, in order to have an influence on the election from 180 days before the election day to the election day, and an act of political parties publicizing their own policies, etc. using facilities, etc. specifying their names shall be deemed to be aimed at exerting an influence on the election, since it is not guaranteed as ordinary political party activities under the Political Parties Act during the election period.

Nevertheless, around March 24, 2016, the Defendants requested F, a banner producer, to install a total of 607 banners indicated as “G” in Seoul, Incheon, and Gyeonggi-do, and demanded F to install the said banners even if the Defendants were informed F, “I will be at least one week before completing installation.”

Accordingly, from March 24, 2016, F began to be installed in Seoul, Incheon, and Gyeonggi Sports Group through H and I, and around April 1, 2016, F continued to be installed even after the election period of the 20th National Assembly members, which came into force on April 13, 2016, including the installation of 12 above banners on the street located in Songpa-gu Seoul Metropolitan Government Geum-dong. < Amended by Act No. 14186, Mar. 31, 2016>

Ultimately, by April 8, 2016, the said banner was posted in the vicinity of the K Station located in Songpa-gu Seoul Metropolitan Government J by April 8, 2016, and the total number of 120 of the banners was posted at Seoul, Hayang-si and Pju after March 31, 2016.

Accordingly, after March 31, 2016, the election period of the 20th National Assembly member election began, the Defendants conspired to post 120 banners to publicize the E party's policies by specifying the name of the E party.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness F and H (L) ;

1. Each police officer with respect to M, I, N (O) and P.