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(영문) 대전지방법원 2016.08.18 2016고합204
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

1. No one who occupies an election campaign shall carry out an election campaign before the election is closed on the election day;

Nevertheless, on April 13, 2016, the election day of the 20th National Assembly member National Assembly member, the Defendant, at around 06:30 on April 13, 2016, posted the “V(B)” mark by using the check letter and suspension for the purpose of election of the F candidate who was sent to the 20th National Assembly member candidate for the election of the 20th National Assembly member E party member election, and carried out an election campaign for the F candidate by going out on two occasions.

2. If a person makes a disturbing speech or behavior or makes a speech or behavior supporting or opposing a specific political party or candidate within 100 meters from the polling station or from the polling station, the voting management officer or voting clerk shall restrain it, and if he/she refuses complying therewith, he/she shall not leave the polling station or beyond the restricted distance, and no person shall refuse complying therewith;

Nevertheless, while the Defendant was engaged in supporting a specific candidate and a specific political party in the manner described in the above Paragraph 1 at the date, time, and place, as described in the above Paragraph 1, the Defendant repeated the act of supporting the specific candidate and the political party, such as not complying with the voting management officer G at least three times, and continuing to be “two times and two times”.

Accordingly, the defendant did not comply with the order of the voting management officer to prohibit speech and behavior inside and outside the polling station.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of field photographs, on-site ctv video photographs and statutes;

1. Article 254(1) (the point of election campaign day, the choice of fines), Article 256(3)2(f) and Article 166(1) (the fact that the voting management officer’s order is not complied with, the choice of fines) of the pertinent Act and Article 254(1) of the Act on the Election of Public Officials in Charge of Criminal Facts.

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