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(영문) 서울동부지방법원 2020.10.23 2020고합265
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

No one shall install, display, post or distribute any wreath, balloon, signboard, placard, advertising balloon, advertising tower, other advertising material or facilities, without following 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.

Nevertheless, the Defendant, at the 21st National Assembly election to be carried out on April 15, 2020, had a mind to post a ticket at a place where residents pass along, which contains the content that the Defendant should not cast a vote to Bparty C, which is a party to the government policy, in the election of the 21st National Assembly member.

On April 9, 2020, at around 16:30, the Defendant posted the so-called “proket” in the underground report located in Gangdong-gu Seoul Metropolitan Government D, in a way of laying down the so-called “proket that is written in front of and in front of April 15, 200,” the end of the government of the North Korean government that was fried by the prokic economic network, the head of the government of the Dong-gu, Seoul, the head of the Dong-gu, and the prokic Republic of Korea.

As a result, the Defendant posted the softet that is an advertisement so as to influence the election of the National Assembly members of the 21st National Assembly.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the suspect examination protocol of the prosecution to the accused, on-site photographs and statutes governing field documentary evidence photographs;

1. Relevant Article 256 (3) 1 (h) and Article 90 (1) 1 of the Public Official Election Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

1. The defendant and his defense counsel's assertion about the defendant and his defense counsel under Articles 70 (1) and 69 (2) of the Criminal Act for the detention of the workhouses asserted that the act such as the defendant's charges is merely merely a mere statement of the present government policy and there was no purpose of affecting the election of the 21st National Assembly members.

As pointed out by the defense counsel, it is interpreted to the effect that criticism of the government policy should not immediately vote against the B party in light of the principle of separation of powers under the Constitution.

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