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(영문) 대구지방법원 서부지원 2014.09.25 2014고합141
공직선거법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 800,00, and by a fine of KRW 1,500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B is the lineal descendant of E candidate who was a candidate for the 6th election of the Seocho-gu local council member of the Dong-gu local election month which was implemented on June 4, 2014, and the defendant A is the election campaign manager of the "F" local council member of the 6th local election day nationwide, and the ballot-counting witness of the ballot-counting place under the jurisdiction of the election commission of the Dong-gu local council member of the 6th local election day.

1. They shall not carry out an election campaign before the close thereof on the election day of Defendant B;

Nevertheless, around 10:00 on June 4, 2014, the Defendant: (a) parked side of the Ha elementary school, the voting place located in Hagu Seo-gu, Daegu-gu, Daegu-gu, and then parked for one hour at one-time, leading the J-Poter’s 2, 3 complexes with a size of about 100 meters away from 100 meters; (b) around 11:00 on the same day, the Defendant: (c) moved the above K-Poter’s 2, 3 complexes, the voting place located in Hagu-gu, Daegu-gu, Daegu-gu, to the extent of 60 meters away from the H’s cell phone agent to 1.3km from 11:10 to 13:15 hours on the same day; and (d) carried out an election campaign by way of parking the said Poter’s Poter’s 1.3km vehicle from around 11:10 to 13:15 hours.

Accordingly, the defendant carried out an election campaign before close of the election day.

2. When a member or employee of the election commission of Defendant A, ballot-counting assistant, assistant for ballot-counting affairs, or ballot-counting witness enters the ballot-counting place, he/she shall wear or attach a mark as prescribed by the National Election Commission Regulations, and shall not transfer or concede the mark to another person.

On June 4, 2014, around 19:35, the Defendant lent the mark of ballot-counting witness to B, who is a lineal descendant of the candidate E in the election of a member of the Gu Council in the street in front of the Gu Seo-gu ballot-counting place located in the 1095 Seo-gu Incheon University Sports Center, to lend the mark of ballot-counting witness.

Accordingly, the defendant transferred the mark of the ballot-counting witness to another person.

3. The defendant.

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