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(영문) 대구지방법원 포항지원 2014.09.22 2014고합94
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a student of C, D, E, F, and G, a preliminary candidate for the presidential election district B at the port of the 6th presidential election of the Gyeongbuk-do Office of the Gyeongbuk-do Office of the Gyeongbuk-do.

An election campaign may be carried out only from the commencement date of the election period to the day preceding the election day, and no one shall distribute, post, spread or display any advertisement, personnel record, photograph, document, drawing, drawing, printed matter, etc. showing the name of a political party or candidate from 180 days before the election day to the election day.

Nevertheless, for the purpose of influencing the election in collusion with D, E, F, and G, the Defendant: (a) around April 13, 2014 from around 11:30 to around 17:00 on the same day, in the south-gu H apartment complex; (b) on the front, the name of the prospective candidate, the political party to which C, and C’s photograph are printed; and (c) on the back, 2,030 copies of the name of the election campaign in which C’s academic background, career, decoration, etc. are stated are printed; and (d) on the back, the Defendant distributed 2,030 copies of the name of each apartment unit by sticking it to the door door or

Accordingly, in collusion with D, E, F, and G, the Defendant carried out an election campaign prior to the election campaign period, and spreads documents indicating the name of the candidate at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning E, D, F, and G;

1. A projector who has spreads a name tag or has spreaded a name tag;

1. Application of Acts and subordinate statutes to report internal investigation (verification of whether neighboring apartments are additionally distributed);

1. Article 254 (2) of the Public Official Election Act, Article 30 of the Criminal Act, Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act, Article 30 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Public Official Election Act due to the spread of a name tag by any method heavier than the nature of the crime);

1. Selection of an alternative fine for punishment;

1. The former Criminal Act (amended by Act No. 12575, May 14, 2014).

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