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(영문) 전주지방법원 군산지원 2017.09.14 2017고합102

공직선거법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From the 19th presidential election, the Defendant was the head of the B party C electoral tax team at the 19th presidential election, and was in charge of the election tax affairs from the last week of April 2017.

No one shall distribute, put up, spread, show or run an advertisement, letter of personnel management, poster, photograph, document, drawing, printed matter, tape or other similar things, which contains the contents supporting, recommending or opposing a political party or candidate, or which indicates the name of a political party or candidate's name, in contravention of the provisions of the Public Official Election Act, with the aim of influencing the election from 180 days before the election day to the election day.

Nevertheless, from 180 days before the 19th presidential election day to 14:40 days after May 4, 2017, the Defendant mobilized eight members of the election campaign team B from 14:00 to 14:40 in order to influence the above election in the D market, and distributed 78 copies of the former type of election campaign bulletin in which the election campaign promises, etc. of candidates B are published, to all citizens, such as the merchants of the D market and street merchants, and distributed 78 copies of the former type of election campaign bulletin in which the election campaign bulletins, etc. of candidates B are published, to support and recommend candidates, as well as distributed by means other than postal service through the election management committee.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (the confirmation of CCTV for living safety in front of the D market F Security Center), internal investigation report (the closure of CCTV screen for the crackdown on the parking distance in the D market), internal investigation report (the search of a candidate vehicle for e-mail) and internal investigation report (a list of athletes attached thereto);

1. B Party E-party film distribution data, photographic data of candidates for the 19th presidential election and persons related to the history of election, C Party registration status, CCTV screen, living safety CCTV screen, list of athletes, and collected election campaign bulletins 78;

1. On-site map and vehicle search (H);

1. B Application of CCTV-related Acts and subordinate statutes to the distribution of election campaign bulletins for candidates E for political parties;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;