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(영문) 서울북부지방법원 2016.08.12 2016고합281
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

Defendant

A is a member of the election affairs of F for the 20th National Assembly member in Seoul E election district, and Defendant B is a person who supports the above preliminary candidate.

No one shall distribute documents, etc. indicating the name of a candidate, in violation of the provisions of 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, or distribute the name cards only where the details of recommendation to support the candidate (including the preliminary candidate) are included, or where the candidate attends the election together with the preliminary candidate.

In addition, an election campaign can not be carried out unless it is prescribed by the Public Official Election Act prior to the election campaign period.

Nevertheless, in order to raise the awareness of the prospective F candidates in the constituency, the Defendants conspired to spread name cards to the nearby residence in the constituency even though the F is not in the presence of the Defendants, but in the case of Defendant B, there is no election clerk or designated one.

At around 17:30 on February 22, 2016, the Defendants boarded a H-to-pubed car, and continued approximately 200 meters away from the J parking lot entrance in Seoul I to the L entrance in K, and spread 24 pages of F’s pictures and ability through each driver’s own seat and senior window.

As a result, the Defendants conspired to distribute name cards without preliminary candidates to influence the election, and simultaneously carried out an election campaign before the election campaign period.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement in the police statement protocol against M;

1. Any statement of the N orO;

1. Entry into a protocol of seizure and a list of seizure;

1. Application of each of the visual Acts and subordinate statutes to each photograph;

1. Article 255(2)5 of the Act on the Election of Public Officials and Article 93(1) main sentence of the Act on the Election of Public Officials and Article 30 of the Criminal Act concerning facts constituting an offense (a name)

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