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(영문) 청주지방법원 2014.09.25 2014고합157
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was a preliminary candidate E’s accountant in charge, who was scheduled to go out in the election of the Do council members of the Cheongbuk-do constituency under the C Party, from the 6th nationwide election of the Do government on June 4, 2014 that was implemented on June 4, 2014, and was designated by the above E, from among the persons accompanying the Defendant.

No one shall distribute, post, spread, screen or post an advertisement, letter of personnel management, poster, photograph, document, drawing, drawing, printed matter, sound or visual tape and others similar thereto, which indicate the name of a political party or candidate (including a person who intends to become a candidate; hereinafter, the same shall apply) from 180 days before the election day to the election day, with the aim of influencing the election.

In addition, only persons designated by a preliminary candidate or his/her spouse from among persons accompanying a preliminary candidate may be given the name cards of a preliminary candidate in order to conduct an election campaign for a preliminary candidate.

Nevertheless, at around 10:30 on April 1, 2014, the Defendant distributed 27 pages E, a preliminary candidate for the election of the member of the Chungcheongbuk-do council, in which the name of the political party, the name of the candidate, and the career of the candidate are entered, without being accompanied by the preliminary candidate, to conduct an election campaign for the preliminary candidate, on a book in which the F apartment 101 Dong and 102 are located in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the defendant alone.

As a result, the Defendant distributed printed matters indicating the name of a political party or the name of a candidate (including a person wishing to become a candidate) in order to influence the election from 180 days before the election day to the election day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Each police statement of H, I, and E;

1. Each report on investigation;

1. Application of statutes on field photographs;

1. Article 255(2)5 of the Public Official Election Act and Articles 93(1)5 and 93(2) of the Public Official Election Act concerning criminal facts;

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