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(영문) 광주지방법원 순천지원 2016.09.08 2016고합128

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 900,000.

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

Reasons

Punishment of the crime

On December 15, 2015, in relation to the 20th National Assembly member election implemented on April 13, 2016, the Defendant registered as a preliminary candidate for the Celection, and registered as a candidate for the D Political Party on March 24, 2016.

No one shall use a loudspeaker system for an election campaign except where he/she uses it for a speech, interview or debate at the place of a campaign speech or interview at an open place or at an interview or debate place under the Public Official Election Act, and conduct an election campaign by any means other than those prescribed by the Public Official Election Act prior to an election campaign period

Nevertheless, on February 23, 2016, the Defendant suffered about 40 electors attending the “E Child Care Center A’s night and graduation ceremony” from approximately 69, Scambling in Scam, Scam on February 23, 2016, using microphones, leaving the enjoying budget that “I want to do so in C’s country A of National Assembly members candidate A,” which may cause many minutes to go to an extremely difficult situation. These circumstances are going out. The State should be responsible for which the State promised to raise and educate I. The State will be responsible for the end of the day. It is agreed by the State that I will make the best effort for that part, and send I am more enjoying time.”

Accordingly, the Defendant carried out an election campaign before the election campaign period, and used a loudspeaker system for the election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Articles 254(2), 255(2)4 and 91(1) of the Public Official Election Act (the fact of violating restrictions on the use of loudspeaker systems) on criminal facts shall be a specific election for the defendant.