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(영문) 부산지방법원 2016.09.30 2016고합500
공직선거법위반
Text

Defendant

A A shall be punished by a fine of KRW 500,000,000,000,000,00

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the head of the above election affairs office of Defendant B, who has left the Busan constituency as a candidate for the party E in the election of 20th National Assembly members, and where any speech or interview is made at an open place under the Public Official Election Act, no person shall use a tape recorder and video recorder from 9 p.m. to 7 a.m. on the following day.

그럼에도 불구하고 피고인들은 2016. 4. 3. 21:40 경 부산 F 아파트 앞 도로에서부터 같은 구 G에 있는 H 중학교 앞 삼거리를 경유하여 같은 날 22:35 경 같은 구 I에 있는 J( 주) 보세 창고 앞 도로에 이르기까지 약 2km 구간에서 “K 정당 해고! E 정당 채용!! 아이들의 해맑은 웃음을 지켜 주는 정치! E 정당과 A이 하겠습니다.

Defendant A used a tape recorder attached to the above vehicle by repeatedly reproducing four types of music, including a n, advertising music, and transmission, in which the promotional material called “N” is attached to the front of the election, moving the L-wing and cargo vehicle, which is an electoral vehicle for which the promotional material called “E Party A” is attached, and taking advantage of it, Defendant A took her seat on the front of the vehicle and her hand, and Defendant B used a tape recorder attached to the above vehicle by repeatedly reproducing four types of music, including a word to the effect that Defendant A publicize, such as the n, advertising music, and transmission of the hand.

As a result, the Defendants conspired to use a tape recorder in the process of a speech or interview at an open place 9 p.m. after the 9 p.m. prohibited.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of control, the 112 reported case processing table, field photograph, caps and printed out of screen pictures by cutting down, the course of movement of elected vehicles, response to a request for business cooperation, copy of the application form for issuance of marks, printed out of the election vehicle photograph, printed out of the tape recorder photograph, printed out of the tape recorder photograph, printed out of the positive device photograph, and the report on appointment of election office;

1. Application of Acts and subordinate statutes on internal investigation reports (No. 18 No. 18);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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