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(영문) 대구지방법원 포항지원 2019.01.10 2018고합105
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 900,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 13, 2018, the defendant was elected as a candidate to the C Party in the election of the C Party B nationwide local government election campaign on June 13, 2018.

No one shall conduct an election campaign by means of propaganda facilities or tools, various printed matters, broadcasting, newspapers, news communications, magazines, other publications, campaign meetings, debate meetings, debate meetings, native folks meetings, alumni meetings, neighbors' meetings, other assemblies, information and communications, the establishment of an election campaign organization or private organization, door-to-door visits or other methods prior to the election campaign period, except as otherwise prescribed by the Public Official Election Act.

Nevertheless, at around 22:00 on May 24, 2018, the Defendant: (a) opened a meeting of “G” that supports 37 electorates in the “F” restaurant; (b) opened a banner that appeals to support H’s support in the restaurant; (c) invited D to a meeting to enter the above place; and (d) visited 37 electorates attending the meeting to 37 electors at the meeting, “I am going to the B market before the meeting, and going to the election as a candidate for B market. Our country as a member of the pan club, has many difficulties to get the market owner to get elected; and (d) provided the opportunity to appeal to the candidate for support; and (d) supported the Defendant’s speech that “G hosting and D strike” means “I am to the outside of D,” the candidate’s speech that “I am out of the meeting.”

Accordingly, the Defendant carried out an election campaign for D, a candidate for the B market prior to the election campaign period.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against I, J, K, L, M, N, P, Q, R, T, U, V, W, X, Z, AA, and AB;

1. Each question and answer of AC, U, T, and R;

1. Each statement of AD, AE, and D;

1.A petition, a report on internal investigation (J currency) and a report on internal investigation (A's monetary records and details of financial transactions, submission of a list of participants), a list of participants present, details of account transactions, telephone call details, reports on internal investigation (related to AF photographs and lists by the J);

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