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(영문) 광주지방법원 2014.09.05 2014고합292
공직선거법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 4, 2014, the defendant's 6th nationwide local election that was implemented on June 4, 2014, is a person who supports D who was going out and stiged in C/Gun election.

Except as provided for in the Public Official Election Act, no one shall distribute, spread, post, or affix any newspaper, communication, magazine, or organ or other publication of any institution, organization, or facility, which carries an article about an election, in a way other than ordinary ways, or reproduce such article to distribute, spread, post, or affix it.

Nevertheless, at around 09:20 on May 27, 2014, the Defendant: (a) performed in front of the F Elementary School located in Yong-Nam Nam, and (b) on May 26, 2014, the Defendant copied 100 copies of the analysis articles on the election of the head of the C/Gun, “The Chuncheon P/L No. 2 of the C/L No. 1 of the C/L No. 1 of the C/L No. 1 of the C/L No. 3, and then divided 5 copies of the copies of the newspaper articles into five copies for the newspaper articles.

As a result, the defendant copied and distributed articles related to the election in a way other than ordinary ways.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes in Part 95 to the report of internal investigation (as to the removal of copies of and printed materials for G Japanese newspapers collected at the site), G Japanese newsletters (as against March 1, 200), and printed materials related to G Japanese newsletters (as against the

1. Relevant provisions of relevant Acts concerning facts constituting an offense and Articles 252 (1) and 95 (1) of the Public Official Election Act for the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case by the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is limited to a duplicate of the newspaper for which the date passed to A4 and distributing it in a way other than ordinary ways. The defendant's distribution place of the above newspaper articles is highly likely to have known that the above act is regulated by the Public Official Election Act through a joint election campaign place, the copy distributed by the defendant is only five copies, and the defendant is against his wrong recognition.

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