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(영문) 춘천지방법원 영월지원 2018.12.13 2018고합14
공직선거법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person registered as a preliminary candidate on March 2, 2018 in the 7th local council member C constituency of Gangwon-do simultaneous local election, which was implemented on June 13, 2018.

No one shall distribute any advertisement, letter of personnel management, poster, photograph, document, drawing, drawing, printed matter, and others similar thereto, which indicate the name of a person intending to become a candidate, with the intention of influencing an election from 180 days before the election day to the election day.

Provided, That a preliminary candidate who has completed registration may engage in an election campaign by personally providing name cards, the width of which is not more than 9 centimeters or appeal for support, in which his/her name, photograph, telephone number, academic background, career, and other matters necessary for publicity are inserted.

Notwithstanding the proviso of Article 93(1) of the Public Official Election Act, Article 93(1)1 and Article 60-3(1)2 of the Civil Service Election Act, the defendant operated E-si in D from January 2018 to March 1, 2018, which was prior to the registration as a preliminary candidate for the above election, and the defendant distributed approximately 600 copies of the name, photograph, telephone number, academic background, and career of the defendant to many unspecified customers aboard the above cab to influence the election.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness F;

1. A copy of each name tag, a photograph of a article, 14 copies of articles, and three copies of articles;

1. Application of Acts and subordinate statutes to each investigation report (related toG verification, attaching articles of suspect gathering and H taxi drivers);

1. Article 255 of the Act on the Election of Public Officials and Articles 255 (2) 5 and 93 (1) (mainly, selection of fines) of the Act on the Election of Public Officials in regard to facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. It is true that distribution of name cards, such as the summary of the allegation, was made, but it is also a taxi.

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