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(영문) 인천지방법원 2018.11.30 2018고합716
공직선거법위반
Text

Defendant

A and B shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Defendants are the 7th local election clerks of the candidates E in the 7th local election.

No one shall distribute, post, spread, screen, or display any advertisement, letter of personnel management, poster, photograph, document, drawing, drawing, printed matter, recording tape, video tape, or others similar thereto, which contains contents supporting, recommending, or opposing a candidate, or which indicate the name of a political party or candidate, with the intention of influencing an election from 180 days before the election day to the election day.

In addition, one candidate and his family, the chief of election affairs, the chief of election liaison office, the election affairs officer, the accountant in charge, and the assistant accompanying the candidate can not distribute the election campaign by means of mail, door-to-door visit, spraying, etc.

Nevertheless, the Defendants conspired to put up 60 copies of the above E election campaign in front of the motor vehicle while distributing one set of the above E election campaign, and spreaded 60 copies of the above election campaign on the G Hospital located in the Seo-gu Incheon Metropolitan City and H apartment on the road near H apartment, around June 5, 2018, in a way that they set up 60 copies of the above election campaign in front of the motor vehicle parked there.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site photographs and caps of CCTV images;

1. Seizure records, etc.;

1. Notification of investigation data, and application of the statutes governing the collection of campaign promises;

1. Article 255(2)3 and Article 66(5) of the Act on the Election of Public Officials for the crime, Article 30 of the Criminal Act, Article 255(2)5 and Article 93(1) of the Election of Public Officials Act, Article 30 of the Criminal Act, Article 255(2)5 of the Election of Public Officials Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act

1. Articles 40 and 50 of the Criminal Code of the Republic of Korea for the ordinary concurrence of the Defendants (the Defendants)

1. Selection of each of the Defendants’ fines

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. Article 48(1)1 of the Criminal Act (the Defendants)

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

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