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(영문) 창원지방법원진주지원 2020.10.22 2020고합94
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 the head of the headquarters of D Election Countermeasures Organization, a preliminary candidate for Cparty in the election district B in the 21st National Assembly member election district, which was implemented on April 15, 2020.

No one shall distribute advertising facilities or tools or various printed matters, broadcasting, newspapers, news communications, magazines, and other publications, campaign meetings, debate meetings, debate meetings, native folks meetings, alumni meetings, neighbors' meetings, or other meetings, information and communications, the establishment of an election organization or private organization, door-to-door visits, or other similar methods, with the exception of the methods prescribed by the Public Official Election Act, prior to the election campaign period, in order to influence the election, 180 days before the election day to the election day. No one shall engage in an election campaign by means of advertisements, tools, or other methods, except in the manner prescribed by the Public Official Election Act.

Nevertheless, on February 11, 2020, the Defendant distributed 18 copies of the name cards for public relations in which pictures, academic background, career, etc. of D were written, among the absence of the above D preliminary candidates, to the electorate H and I, as shown in the attached list of crimes, at G Center located in the Southern F on February 11, 2020, the Defendant distributed to the unspecified majority of electorates the above D public relations name in order to influence the election in the same way six times in total, as shown in the attached list of crimes.

Accordingly, the defendant distributed documents by illegal means in order to influence the election of National Assembly members in the 21st National Assembly, and carried out a prior election campaign at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. H's certificate;

1. A written accusation;

1. The status of activities to prevent and control violations of each election for public office, and warnings against violations of the Public Official Election Act;

1. Application of Acts and subordinate statutes to photographs by cutting down each CCTV course and lighting photographs;

1. Article 255(2)5 of the Public Official Election Act concerning criminal facts

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