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(영문) 수원지방법원 안산지원 2017.02.16 2016고합292
공직선거법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No public official shall conduct an election campaign, except where a preliminary candidate or candidate is a spouse or belongs to lineal ascendant or descendant.

Nevertheless, on April 2016, the Defendant’s account in the Internet B’s account in the B B B B’s non-permanent area (C).

The photograph of the contents of “A party” and the writing of “A party, as a matter of course, has carried out an election campaign in the same way eight times from March 2016 to April 2016, by sharing and posting the images of “A party, i.e., a party, who does not vote in D, 9% of 9% of 1% of 1% of 1% of 200,” and “A party, who does not vote in D, i.e., a party, was engaged in an election campaign supporting a specific political party.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Results of response to the results of civil petition treatment, and of measures taken for SNS election campaigns by education-related persons;

1. Each investigation report (including the documents attached Nos. 6, 8, and 2);

1. Application of Acts and subordinate statutes of certificate of employment;

1. Article 255 (1) 2, the main sentence of Article 60 (1) 5, and Article 53 (1) 7 of the Act on the Election of Public Officials for the Prevention of Criminal Facts and the Selection of Punishment for the Election of Public Officials;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes stipulated in the violation of the Public Official Election Act No. 2 No. 5009, supra)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. In light of the fact that the Defendant, who is a former assistant assistant member, was indicted by selecting the Defendant, and rejected the judgment of the committee for fair election management, etc., the instant indictment abused the right of prosecution.

B. It was true that the Defendant invoked each notice in his account in the form of “sharing” or partly added his/her opinion, but this is ordinary and ordinary, in which the Defendant continued to do not related to the election.

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