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(영문) 청주지방법원 2014.08.07 2014고합97
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

The Defendant is a person registered as a preliminary candidate on March 14, 2014 in relation to the C Do Council member election, which is scheduled to be held on June 4, 2014.

No one shall conduct an election campaign using propaganda facilities, aids or any other means, except methods prescribed by the Public Official Election Act, prior to the election campaign period.

1. On March 31, 2014, from around 07:30 to 08:30, the Defendant posted the Defendant’s photograph on the signboard (100cm in length, 100cm in width) indicating that he is a preliminary candidate, in order to make the electors look well at, and put the Defendant’s above signs made of “BA” on the roadside, 337-ro, 23-gil, Cheongju-si, Cheongju-si, Cheongju-si, and 08:30. From around 31, 2014, the Defendant sought support for the personnel affairs of the electors passing through this area.

However, a preliminary candidate can only wear the above marks for the election campaign and carry out an election campaign.

Accordingly, the Defendant carried out an election campaign by means of propaganda facilities, tools and other methods prior to the election campaign period, except as provided in the Public Official Election Act.

2. On April 1, 2014, from around 07:30 to 08:30 on April 1, 2014, the Defendant used the signs in the same manner as that of paragraph (1) in the same manner as that of paragraph (1) and claimed support.

However, a preliminary candidate can only wear the above marks for the election campaign and carry out an election campaign.

Accordingly, the Defendant carried out an election campaign by means of propaganda facilities, tools and other methods prior to the election campaign period, except as provided in the Public Official Election Act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act and Article 254 (2) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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