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(영문) 창원지방법원 2020.07.23 2020고합113
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant was registered as a preliminary candidate for the 21st election district B in April 15, 2020.

Except as otherwise expressly provided for in the Public Official Election Act, no one shall 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, other assemblies, information and communications, the establishment of an election campaign organization or private organization, door-to-door visits, and other means, except as otherwise provided for in the Public Official Election Act, and even if a preliminary candidate is a candidate, he/she shall not conduct an act of making his/her name in a ship, regular passenger vehicle, train, streetcar, aircraft inside the open space of the relevant terminal, station, or air port, inside a hospital, religious facility, or theater

Nevertheless, at around 13:10 on January 21, 2020, the Defendant, a religious facility in D, divided three parts of his name cards into F,G, and H, while wearing red election campaign uniforms stating “2A of the C Party National Assembly members candidate” in E, a religious facility.

Accordingly, the defendant did not follow the method prescribed in the Public Official Election Act before the election campaign period.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Investigation report (record the details of the F/G telephone statement delivered to A), investigation report (H and the original and copy of name cards exchanged by H and A);

1. Application of Acts and subordinate statutes to photograph the distribution of defendant's name cards;

1. Article 254 (2) of the Public Official Election Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant distributed name cards to many unspecified religious facilities in violation of election campaign methods prescribed by the Public Official Election Act as preliminary candidates for the 21st election district B election district, which is a candidate for public office.

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