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(영문) 광주지방법원 2014.10.10 2014고합294
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant was a person supporting E who was married to the Celection of Gwangju Metropolitan City Council members after going to be a candidate for a D party among the 6th nationwide local elections implemented on June 4, 2014.

No one shall carry out an election campaign using a shoulder belt, cap or clothes with the same shape and color, label, signal, signal flag, signal, prop, or other marks during the election campaign period, unless he/she is a candidate, his/her spouse, election campaign manager, chief of the election campaign liaison office, election campaign worker, assistant accompanying a candidate, or accountant in charge.

Nevertheless, around 07:45 on June 2, 2014, the Defendant carried out an election campaign for the said E at the entrance of the F apartment in Seo-gu, Seo-gu, Seo-gu, Gwangju, with the same "D party" and "mark 4" as the election campaign workers of the above E candidates, using four fingers for those who passed away.

Accordingly, even if the defendant is not an election campaign worker, the defendant carried out an election campaign using the same pattern and color as the above E candidate's election campaign worker, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to one copy of a photograph of the suspect;

1. Relevant Article 255 (1) 5 and Article 68 (2) of the Public Official Election Act concerning criminal facts and the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant found E to be a candidate for the Si of Gwangju Metropolitan City as he left the election office in the nationwide and provincial election conducted on June 4, 2014 and provided volunteer service (which does not engage in an election campaign for political and economic interests). The time for the defendant to carry out an election campaign over the Nompir and label over the above Nompir and the above Nombrts and label was about 15 minutes, and the fact that his act was in violation of the Public Official Election Act was known.

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