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(영문) 제주지방법원 2016.12.08 2016고합108
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person registered as a preliminary candidate for the C constituency in the election of the 20th National Assembly member that was implemented on April 13, 2016.

No person shall make house-to-house visits for an election campaign.

Nevertheless, at around 15:27 January 27, 2016, the Defendant visited five offices (one criminal team office, three teams, four teams, five teams, five teams, and the economic team office) of the above police station from the same day to the five offices (one criminal team office, three teams, three teams, five teams, and five teams offices) of the above police station, and sought support by visiting the three offices (one criminal team office, three teams, the Criminal Team office, the Criminal Team office, and the Economic Team office).

Accordingly, the defendant visited each house for election campaign.

Summary of Evidence

1. Each legal statement of G and H;

1. Examination protocol of the accused by prosecution;

1. A written statement of I;

1. Determination as to the assertion of CCTV photographs by the Defendant

1. The gist of the assertion was that the Defendant distributed name cards at each office of the C police station stated in the facts constituting the crime in the judgment, but this was known to the public service office and did not visit for election campaign purposes, but did not have awareness that such act constitutes a door-to-door visit prohibited under the Public Official Election Act.

2. Determination

A. As to the assertion that there was no election campaign purpose, the election campaign under Article 58(1) of the Public Official Election Act refers to all acts necessary and favorable for the election, votes, or defeat of a certain candidate, which can be objectively recognized as an objective for the purpose of promoting the election or defeat of a certain candidate, and in determining whether a certain act constitutes an election campaign, it is merely an act.

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