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(영문) 부산지방법원 2014.12.05 2014고합571
지방교육자치에관한법률위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a person registered as a preliminary candidate for the C Superintendent of the Office of Education, who was implemented on June 4, 2014.

No one shall distribute, post, display, play, or post an advertisement, president, poster, photograph, photograph, document, painting, printed matter, recording tape, video tape, and others similar thereto, which indicate the name of a candidate (including a person intending to become a candidate) from 180 days before the election day to the election day, with the aim of influencing the election, and no preliminary candidate shall directly give his/her name cards or appeal for support at an open place, such as inside a ship, regular passenger vehicle, train, electric vehicle, or aircraft, inside the terminal premises thereof (including subway stations), and inside a hospital, religious facilities, or theater, etc.

Nevertheless, between around 10:30 to 12:00 on May 6, 2014, the Defendant, at the entrance “E”, the inspector located in D’s location, distributed his name cards to the believers of the inspection without his name, and complained for support.

Accordingly, the defendant distributed documents indicating the name of the defendant to the candidate in violation of the Public Official Election Act in order to influence the election.

Summary of Evidence

1. Partial statement of the defendant;

1. On-site inspection records of this court;

1. On-site photographs (the defendant and his defense counsel denied that the place where the defendant distributed his name cards does not constitute “the location of a religious facility.” According to the aforementioned evidence, the place where the defendant distributed his name cards may be recognized as a place connected to the front pole after passing through the top of the top of the front stairs of the escape door corresponding to the question of the temple of this case. The evidence submitted by the prosecutor (the name and location of the defendant at the time of the case contained in the photograph)

1. The same shall apply to a video;

Article 58 (2) of the Public Official Election Act provides for election campaigns (Article 58 (2).

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