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(영문) 창원지방법원 2015.02.12 2014고합236
공직선거법위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

The Defendant is the issuer of a “F newspaper” issued by the Democratic Labor-General Headquarters as the head of the Democratic Labor-Management Headquarters.

No one shall distribute, post, spread, show, or run an advertisement, letter of personnel management, poster, photograph, document, picture, document, picture, printed matter, tape, video tape, and others similar thereto, which contain the contents of supporting, recommending, or opposing a political party or candidate (including a person who intends to become a candidate), or which indicate the name of a political party or candidate's name, in order to influence an election from 180 days before the election day to the election day.

Nevertheless, in order to influence the election of G Superintendent of the Office of Education scheduled on June 4, 2014, the Defendant: (a) as the title “F (F)” around May 26, 2014, the Defendant introduced the major policy commitments of H candidates on the two pages in total; (b) publicity phrase on the fact that he is young compared to those of other Superintendent of the Office of Education; (c) the candidate’s photograph; and (d) the candidate’s photograph and the term “H candidate is a democratic union candidate”; and (d) the size and form of the F newspaper, which was previously published, with the content of promoting H, is not different printed materials.

A approximately 50,000 copies were distributed to affiliated union members.

As a result, the Defendant distributed printed matters indicating the name of H candidate, including the contents of support and recommendation for H candidate, or distributed printed matters.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, J, K and L;

1. The accusation, report on findings of violation of election laws, request for submission of materials, newspapers for trading, statements of confirmation, written answers, explanatory materials, subparagraphs 52, 54, 55, and 56 of the F Newspapers, the current status of issuance of the F Newspapers, and detailed statement of transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49(1) of the Local Education Autonomy Act and Article 49(1) of the Public Official Election Act concerning criminal facts and the selection of punishment.

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