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(영문) 서울중앙지방법원 2016.08.19 2016고합691
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No one shall distribute, post, screen or post an advertisement, personnel management office, poster, photograph, document, drawing, printed matter, recorded tape, or other similar things which include contents of support, recommendation or opposition of a candidate, or which indicate the candidate's name, in violation of the provisions of the Public Official Election Act, from 180 days before the election day to the election day, with the aim of influencing the election, and only one person designated by the candidate or his/her spouse, his/her spouse or lineal ascendant or descendant, clerk of the election affairs accompanying the candidate, clerk of the election, candidate or his/her spouse from among those accompanying him/her, in accordance with the Public Official Election Act.

The Defendant did not have been designated so that “The election district in the 20th National Assembly member C” mark D is a lineal respect for a candidate for the F Party E, or is not an office worker for the election campaign accompanying the candidate, and that he/she can distribute the name cards from the candidate or his/her associates.

Nevertheless, from April 12, 2016 to 08:58, from around 08:19 to around 08:58, the Seoul Gwanak-gu Seoul Special Metropolitan City: (a) distributed approximately one hundred and forty-five copies of the name cards containing the name, photograph, telephone number, and academic background of the F.

Accordingly, the defendant distributed name without following the provisions of the Public Official Election Act in order to influence the election.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of H;

1. The application of photograph-freshing materials, each internal report (the attachment of CCTV data around the place of occurrence, the attachment of screen data for video analysis to screen screen data, and the purchase of a suspected suspect's name to distribute CCTV image analysis), and the application of the Acts and subordinate statutes governing video CDs;

1. Article 255 (2) 5 and Article 93 (1) of the Act on the Election of Public Officials in Charge of Facts constituting a crime and Article 255 (2) 5 and Article 93 (2) of the Election of Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is 1.

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