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(영문) 서울남부지방법원 2016.11.10 2016고합434
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

[Basic Facts] The Defendant is the head of family residing in SeoulD, and the electorate is the elector in the E constituency, and F is the person who registered as a preliminary candidate for the E constituency on January 27, 2016 at the 20th National Assembly member election implemented on April 13, 2016, and participated in the election.

Since 2015, the Defendant had introduced I through H, which was a neighboring resident, and had a usual friendship relationship with I, reported I's activities as a preliminary candidate F's supporters' association, and had the mind to help I conduct an election campaign for the purpose of assisting I.

Accordingly, the Defendant invited the volunteers, who are the electorates, to take charge of a meal meeting, and to notify H of the information such as the place and time of the meeting in advance so that the preliminary candidate F can carry out an election campaign by distributing the name cards to the meeting.

【Criminal Facts】

No one shall make or have another person make contributions to an election for a candidate (including a person who intends to become a candidate), and conduct an election campaign by means of propaganda facilities or tools, various printed matters, broadcasting, newspapers, news communications, magazines, other publications, campaign meetings, debate meetings, debate meetings, native folks meetings, alumni meetings, neighbors' meetings, or other assemblies, information and communications, the establishment of an election campaign organization or private organization, door-to-door visits or other methods, except in cases prescribed by the Public Official Election Act prior to the election campaign period.

Nevertheless, in January 2016, the Defendant informed H of the information that “A welfare center meeting exists at the J-cafeteria (1. 30.) at 12th of the 2016, the Defendant sent H a total of 12 members, including L, etc., who have been in possession of swimming with himself/herself at the K Welfare Center located in the E election district around that time, and six members, including M, in which he/she was aware of his/her reputation, and six neighboring residents, including M, etc., who were in possession of his/her reputation, were in contact with him/her.

At around 12:00 on January 30, 2016, the Defendant collected the above 12 persons in the J cafeteria located in Guro-gu Seoul N, Guro-gu.

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