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(영문) 대전지방법원 2020.11.19 2020고합361
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

No one shall advertise photographs and other goods showing the name of a political party or candidate in a manner that is not prescribed in the Public Official Election Act from 90 days before the election day to the election day, and no one shall advertise through mass media, such as newspapers, in a manner that is not prescribed in the Public Official Election Act for election campaign during the election period.

On April 8, 2020, at the B office located in C building D, the Defendant published an advertisement on the six pages of the B newspaper “F Party E in the election of the National Assembly member E in the election of the 21st National Assembly member, EF Party E in the election of the 21st National Assembly member,” along with the photograph, and the advertisement on “H Party E in the election of the 21st National Assembly member E in the election of the 21st National Assembly member in the same constituency,” along with the photograph, in relation to “H Party E in the election of the 21st National Assembly member in the same constituency.”

As a result, the Defendant advertised signs, names, photographs, etc. indicating the name of the political party or candidate from 90 days before the election day to the election day, and advertised through mass media such as newspapers in a way that is not prescribed in the Public Official Election Act for election campaign during the election period

Summary of Evidence

1. Application of each criminal investigation report (B copy of the advertisement, report on the execution of written consent to the provision of financial transaction information, and newspaper-related tax invoice) by the defendant's partial statement at court and by the J Election Commission, and the statutes of the letter of

1. Article 252 (3), Article 94, Article 255 (2) 5, and Article 93 (2) of the Public Official Election Act (the point of a advertisement by improper means) of the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a crime of violating the Public Official Election Act due to any newspaper advertisement with heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. The criminal defendant and his/her defense counsel's arguments under Article 334 (1) of the Criminal Procedure Act are based on the summary of the judgment.

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