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(영문) 대구지방법원 2013.06.07 2013고합209
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall distribute, post, spread, show or run a document, etc. containing contents supporting, recommending or opposing a political party or candidate, in order to influence an election from 180 days before the election day to the election day.

1. At around 16:00 on November 30, 2012, the Defendant distributed to an unspecified number of students, who have passed approximately 40 of the former part of the 18th presidential election of D University Seo, a candidate for the 18th presidential election in the vicinity of D University Jung-si, Busan, the Defendant: (a) distributed to the unspecified number of students, who have passed approximately 40 of the 18th presidential election of D University Park Jong-si.

In the front section, the ballot paper model has been set at the lower end of the front title, and in the lower left column of the ballot paper, the phrase “the fake presidential candidate who makes a half-value registration letter only,” and in the right column, the word “the front presidential candidate who makes a half-value registration letter to practice a half-value registration fee,” respectively, is put on the right column, and the lower side includes the word “G, transit refusal,” the word “E,” “E, legislative proposing party,” “H, and transit consent,” and the word stating that the F Party and G candidates oppose the anti-value registration policy.

As a result, the defendant distributed a leaflet containing the contents of opposition against the F Party and G candidate in order to influence the election.

2. At around 13:20 on December 7, 2012, the Defendant distributed the above leaflet to 10 college students in the 1114 unit of the Hanmun-dong of the D University’s University, and distributed 50 boxes above on the empty book.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I;

1. Notice and leaflet of investigation data;

1. Report on internal investigation - The application of Acts and subordinate statutes concerning the telephone statement made by the chief of the Justice of the Election Commission of Gyeong-do and the statement made by the chief of the Election Commission

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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