(영문) 춘천지방법원 강릉지원 2018.10.11 2018고합64

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(영문) 춘천지방법원 강릉지원 2018.10.11 2018고합64

공직선거법위반

Text

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

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

Reasons

Punishment of the crime

On March 2, 2018, the Defendant registered as a preliminary candidate for the constituency B in Gangwon-do local election of a member of the Gangwon-do local council at the same time on March 2, 2018, but secedes from the preliminary candidate on April 3, 2018.

No one shall allow a minor to carry out an election campaign, and no one shall wear or distribute a label or other indicating objects, except for those prescribed by the Election of Public Officials Act, in order to have an influence on the election from 180 days before the election day to the election day.

Nevertheless, on March 31, 2018, the defendant, on the 11:00 on March 31, 2018, had a minor E (16) (3) who is the defendant, be placed in the item of a mark on which the name and the mark of the defendant are written, and have a minor engage in an election campaign at the same time, and at the same time, posted publicity materials.

Summary of Evidence

1. The defendant's partial statement [the defendant was unaware that he did not know at the time that he did not commit the act identical to the entries of crime E

On the other hand, although the defendant alleged to the effect that there was no intention to commit a crime of violation of each Act on Election of Public Officials, in light of the fact that E intended to help the defendant conduct an election campaign and let the defendant take the name of her husband F to the E on the spot, that at the time F knew of such fact that the defendant had taken the indication stating the name and symbol of the defendant to the site (the 22th page of the investigation record), that the defendant was also aware that he was aware of this fact (the 62 pages of the investigation record), that the defendant was moving back to F and said him to the site that he would be able to pay the election (the 62 pages of the investigation record).

1. Statement made by the police with regard to F;

1. Reports on internal investigation (E and one other verification);

1. Application of statutes on site photographs;

1. Article 255(1)2 and Article 60(1)1 of the Election of Public Officials Act concerning facts constituting a crime

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