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(영문) 광주지방법원 2019.01.25 2018고합522
공직선거법위반
Text

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

In the event that the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A and Defendant B are the election campaign workers of candidates G for the 7th local election E council members (F constituency), and Defendant C and Defendant D are the election campaign workers of candidates J. for the H council members (I constituency) of Gwangju H council members.

No one shall distribute, post, distribute, play, or post an advertisement, letter of personnel management, poster, photograph, document, picture, picture, printed matter, recording, video tape, and others similar thereto, which include contents supporting, recommending, or opposing a political party or candidate, or which indicate the name of a political party or candidate's name, in order to have an influence on the election from 180 days before the election day to the election day, and only one person designated by the candidate, from among those accompanying the candidate, his/her spouse, lineal ascendant or descendant, election campaign manager accompanying the candidate, election campaign worker, assistants, and persons accompanying the candidate, respectively.

Nevertheless, on June 1, 2018, the Defendants decided to distribute the names of the candidates for each household by inserting them together with Defendant A and Defendant D in K apartment at K around June 1, 2018, and by inserting them to each household mail.

1. On June 1, 2018, at around 15:15, Defendant A, along with D, distributed approximately 150 name cards for the above G election campaign in a way of inserting approximately 150 boxes in the mail of approximately 150 households.

Accordingly, the defendant distributed the name cards of the candidate by the illegal method even though he was unable to distribute the name cards of the candidate in order to influence the election.

2. On June 1, 2018, Defendant B distributed approximately KRW 50 boxes for the above G’s election campaign in a way of inserting approximately 50 boxes in the mail box of approximately 50 households, accompanying two Pdong and Q Dong with C, on the above K apartment on June 1, 2015.

Accordingly, the defendant is a person who can not distribute the name cards of the candidate in order to influence the election.

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