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(영문) 대전지방법원 2016.11.10 2016고합333
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who supports E who was elected by registering his candidate in the Daejeon District of the 20th National Assembly Members Election, which was implemented on April 13, 2016.

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

Except as prescribed by this Act, no election campaign shall be carried out by propaganda facilities and tools or various printed materials, broadcasting, newspapers, news communications, magazines, other publications, campaign meetings, debate meetings, native folks meetings, alumni meetings, neighbors' meetings, other meetings, information and communications, the establishment of an election campaign organization or private organization, door-to-door visits and other methods prior to an election campaign period.

From February 21, 2016 to March 4, 2016, the Defendant, using information processing equipment and Internet services in Daejeon, posted a notice containing the pictures of the above E as a fee advertisement, and posted a notice containing activities pictures of the above E, etc. on the account of “F”, which was opened in the name of “G”, “D party public opinion poll guidance, and light-line public opinion poll,” which was opened in one of social-related network services, using information processing equipment and Internet services. On the other hand, the Defendant sent a notice including the pictures of the above E as a fee advertisement, and posted a notice containing activities pictures of the above E.

As such, the Defendant posted an advertisement to support and recommend E that he wanted to be a candidate without following the Public Official Election Act in order to influence the election, and at the same time, it is not a method prescribed in the Public Official Election Act prior to the election period.

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