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(영문) 창원지방법원 2018.10.11 2018고합139
공직선거법위반
Text

Defendant

A shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A In the 7th simultaneous local election, the F F F's will be registered as a candidate for a political party E in the election district of Gyeongnam Provincial Council, Changwon-si, and Defendant B and C conspired to spread the F's name to the housing price to have the above F's name in order to have the above F's name elected.

1. No one who commits a joint crime by the Defendants shall distribute, post, distribute, screen, or display any advertisement, letter of personnel management, poster, photograph, document, drawing, drawing, printed matter, recording tape, or others similar thereto, which contains contents supporting, recommending, or opposing a political party or candidate with the intention of influencing the election, from 180 days before the election day to the election day, or which indicates the name of a political party or candidate;

Except as otherwise expressly provided for in the Public Official Election Act, no election campaign shall be conducted by means of broadcasting, newspapers, news communications, magazines, other publications, campaign meetings, debate meetings, debate meetings, native folks meetings, alumni meetings, neighbors' meetings, other assemblies, information and communications, the establishment of an election campaign organization or private organization, door-to-door visits or other methods prior to the election campaign period.

Nevertheless, on May 29, 2018, the Defendants distributed 184 boxes stating the political parties belonging to the above F candidate and major career experience in order for G housing to influence the election in the first place, which was before the election campaign period, including support and recommendation for the candidate, or spread printed matters indicating the candidate’s name, and at the same time, carried out an election campaign before the election campaign period.

2. Joint crimes committed by Defendant A and B;

(a) Any person who spreads printed matters and advance election campaigns by illegal means shall be governed by the Public Official Election Act in order to have an influence on the election from 180 days before the election day to the election day;

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