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(영문) 대구지방법원 의성지원 2014.10.14 2014고합16
공직선거법위반
Text

Defendants shall be punished by a fine of KRW 800,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendants are those engaged in construction-related affairs, and D are those registered as candidates for the F Party in the 6th E-Gun election implemented on June 4, 2014.

No one shall distribute any newspaper carrying an article about an election by any means other than normal methods.

Nevertheless, around May 21, 2014, the Defendants posted an article of “H” at the entrance of the D candidate’s election office located in Gyeongbuk G.

5. 21. 20 Part 20 of the above I11 to report the I1 to the D candidates and to distribute it to the J-gun Office, the J-gun Office, the Agricultural Cooperatives, etc.

Accordingly, the Defendants: (a) carried a car into and out by Defendant A on the same day; and (b) distributed the said I Examination to the J-Eup Agricultural Cooperative Federation by placing it on the table; and (c) returned to agricultural cooperatives and Myeon offices located in the 13th place as indicated in the attached list of crimes; and (d) distributed approximately 20 copies of the said I Examination.

As a result, the Defendants conspired to distribute I newspapers containing articles related to the E-Gun election in a way other than ordinary way.

Summary of Evidence

1. Defendants’ respective legal statements

1. Referral of suspicion of violation of the Public Official Election Act by the J election commission;

1. Application of Acts and subordinate statutes, such as report on internal investigation (Attachment of photographs at the scene of the crime committed by the suspect), investigation report (investigation into vehicles owned by the suspect), investigation report (Evidence of the securing of CCTV data, etc.);

1. Relevant Articles 252 (1) and 95 (1) of the Public Official Election Act and Article 30 of the Criminal Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground that the crime of this case on the grounds of sentencing of the provisional payment order is intended to use press reports as an election that has a significant impact on the choice of candidates by the voters, and the crime is not minor.

(b).

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