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(영문) 수원지방법원 평택지원 2017.09.08 2017고합108

공직선거법위반

Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A In connection with the 19th presidential election, a central member who is in charge of the special election of the head of the ridge group of the D Party E regional committees and the special election of the candidates for G President, and Defendant B is a central member who is in charge of the F of the Local Committee E of D Party E in connection with the above election.

No one, other than a candidate, his/her spouse, chief of an election affairs, director of liaison with a candidate, assistant for election affairs, and accountant in charge, shall carry out an election campaign using shoulder belts, caps, clothes, labels, props, and other marks indicating the photograph, name, marks, the name of political party to which he/she belongs, and other matters necessary for publicity during the election campaign period.

1. Although Defendant A was not a person entitled to engage in an election campaign using the above marks, Defendant A was not a person entitled to engage in an election campaign;

A. On April 18, 2017, around 08:00, on the road in front of the shooting distance in the Bho-dong Bho-dong, Pyeongtaek-dong, and on the road, by using a dolue Sho Shob Shob Shob pattern symbolizing marks H on which the G candidate’s name is written; and

(b)on the same day, at around 18:30 Pyeongtaek-si 18:2, 2, and 2, an election campaign by using two refluorous wind lines symbolizing D parties on which the name of the G candidate is indicated, in front of the agricultural cooperative of Pyeongtaek-si 1:6 square meters.

2. Although Defendant B was not a person who is not eligible to engage in an election campaign by using the aforementioned display materials, Defendant B carried out an election campaign by putting a sign sign sign sign with the name, photograph, and sign of the G candidate on the front of the J Mart distance in Pyeongtaek-si I on April 21, 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. The application of Acts and subordinate statutes of subparagraph (A) and (b) of the photographic data of the election campaign (A, B), page bulletin, and photographic data of the election campaign;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 255(1)5, and Article 68(2) of the Election of Public Officials Act (excluding punishment);

B. Defendant B: Article 255(1)5 of the Election of Public Officials Act.