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(영문) 부산지방법원서부지원 2020.11.30 2020고합175
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 resorting to 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, on March 25, 2020, from around 08:40 to May 5, 208: (a) the Defendant, the president of the F Party Women’s Committee, had, in front of the Eth National Assembly regional office of the 21st National Assembly member election of the 21st National Assembly member located in Busan, worn out a political party investigator who claimed that he belongs to the B Party, along with the nameless winners who appear to belong to the B Party’s member of the F Party Women’s Committee in front of the E National Assembly member’s regional office located in Busan, and made a speech by citing approximately 15 minutes of the E’s name.

Accordingly, the defendant posted advertisements to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police officer in F and G;

1. Application of statutes governing field photographs and records of field recording;

1. Articles 256 (3) 1 (h) and 90 (1) 1 and 90 (1) 1 of the Public Official Election Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the crime of this case on the ground of sentencing under Article 334(1) is likely to undermine the fairness of election by affecting the decision-making or decision-making of the elector by using a method that is not permitted by the Public Official Election Act.

However, the fact that the defendant recognized the crime of this case and reflected, and that the crime of this case seems to have a significant impact on the actual election, and that the defendant has no record of criminal punishment prior to the crime of this case, etc. are favorable to the defendant.

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