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(영문) 창원지방법원 2016.06.23 2016고합108
공직선거법위반
Text

Defendant

A, B, and C shall be punished by each fine of KRW 700,00, and Defendant D and E shall be punished by each fine of KRW 300,000.

The defendants are the defendants.

Reasons

Punishment of the crime

I is a person who was a preliminary candidate for the re-election of the Kim Sea market in April 13, 2016.

No one shall distribute, post, spread, screen, or display a political party or candidate (including a person who intends to become a candidate) without following the provisions of the Public Official Election Act, in order to have an influence on the election from 180 days before the election day (in cases of a special election, etc., the time when the reason for holding the election becomes final) to the election day, or distribute, post, spread, show, or run the document, etc. indicating the name of a political party or the name of a

1. Defendant A, B, and C together with the Defendants, around 19:30 on February 4, 2016, with 2,000 promotional materials for I’s preliminary candidates at the I preliminary candidate election campaign office located in Kimhae-si, and around that time, from around February 21, 2016 to February 30, 2016, each of the above promotional materials 2,000 copies were posted in each household mail.

Accordingly, the Defendants jointly distributed printed matters that contain the contents of supporting and recommending preliminary candidates in a way that does not follow the provisions of the Public Official Election Act in order to influence the election.

2. Defendants D and E together with each other, around 17:20 on February 4, 2016, with 1,000 copies of the promotional materials of I’s preliminary candidates at the I preliminary candidate election office located in Kimhae-si, and around that time, from around 18:00 to February 18, 2016, Defendant D and E posted 600 parts of the promotional materials for each household mail.

Accordingly, the Defendants jointly distributed printed matters that contain the contents of supporting and recommending preliminary candidates in a way that does not follow the provisions of the Public Official Election Act in order to influence the election.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs by cutting off on-site photographs, each photographic, and each CCTV recording data;

1. Criminal facts;

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