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(영문) 광주지방법원 순천지원 2014.09.04 2014고합139
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

Criminal facts

On June 4, 2014, the Defendant was the spouse E of D (at the time preliminary candidates were elected) who left the constituency of the 6th local council members of the Mayang-si local election, which was implemented on June 4, 2014, and supported D in the above election.

No one shall distribute photographs, documents, pictures or printed materials showing the name of a candidate (including a person who intends to become a candidate) without resorting to the provisions of the Public Official Election Act from 180 days before the election day to the election day, and other similar things. No one shall conduct an election campaign by distributing names of a preliminary candidate except one person designated from among persons accompanying a preliminary candidate himself/herself, his/her spouse, his/her lineal ascendants or descendants, election workers or assistants who are accompanying a preliminary candidate, preliminary candidate or his/her spouse, or persons accompanying a preliminary candidate or his/her spouse, and even if he/she distributes name cards, he/she shall distribute them to many and unspecified persons, such as sticking a name cards on the door of a household, except for the method of distributing name cards directly.

On April 1, 2014, at around 14:00 to 15:00, the Defendant distributed a total of 200 copies of D’s election campaign name, each of which includes the following: (a) F apartment 201 dong (23 floors, each floor, 23 households) and 205 dong (24 floors, each floor, 12 households), without carrying out a preliminary candidate D; and (b) return to the front of each household; and (c) in the entrance cresh, “D’s preliminary candidate.”

As a result, the defendant distributed and disseminated the name cards indicating the name of the candidate in order to influence the election.

Summary of Evidence

Defendant’s legal statement

Article 255 (2) 5, Article 93 (1) of the Public Official Election Act (Selection of Fines), Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse, the order of provisional payment under Article 48 (1) of the Criminal Act shall be the Criminal Procedure Act.

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