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(영문) 춘천지방법원 영월지원 2014.10.30 2014고합40
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

No one shall install, display, post or distribute any wreath, balloon, signboard, placard, advertising balloon, advertising tower, other advertising material or facilities, specifying the name of a candidate, in order to influence the election, from 180 days before the election day to the election day.

Nevertheless, at around 07:00 on June 2, 2014, the Defendant used the white paper of the election campaign material in the office of the D Council in the Gangwon-gu Seoul Special Metropolitan City on June 2, 2014 by selling it on the upper day.

E. F. G. H 그대들이여! 반드시 승리하여 위기의 대관령을 구출하라!!!

“I” as indicated in “I”, together with the sign of the above person, made a 1m 25m wide and 40m vertical length m 1m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m.

Accordingly, in order to affect the 6th nationwide local elections, the Defendant installed and posted advertisements that clearly state the name of the branch office of the J Party E, L/W candidate F, K officer G, M Council member candidate H, and so on.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the N in the police station;

1. Seizure records;

1. Inquiry into the scene of the crime and the results of appraisal;

1. Plastic photographs;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Relevant Articles 256 (3) 1 (h) and 90 (1) 1 of the Public Official Election Act concerning criminal facts and the selection of punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is that the defendant has installed and posted the diskettes in violation of the provisions of the Public Official Election Act, and that such act is likely to infringe on the fairness of election by affecting the decision-making or decision of the right holder in a way that the law does not permit.

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