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(영문) 의정부지방법원 2014.10.16 2014고합296
공직선거법위반
Text

Defendant

A shall be punished by a fine of 700,000 won, and a fine of 700,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Criminal facts

Defendant

A on June 4, 2014, a person elected as a candidate for F to the election of a member of the City Council of Local Election E, who was elected as a candidate for the election of a member of the City Council of Local Election E, and Defendant B as a member of the Defendant A, who assisted the election campaign.

No one shall contain contents supporting, recommending or opposing a candidate (including a preliminary candidate) in accordance with the provisions of the Public Official Election Act in order to influence an election from 180 days before the election day to the election day, or spread the name of a political party or the document, etc. indicating the name of a candidate.

Defendant

A registered as a preliminary candidate for the E City Assembly election, but it was impossible to concentrate on the election campaign due to the operation of the company, and he was aware that he was negligent in the election campaign due to the rapid election of the National Assembly members, and it was suggested that he was responsible for the name of the apartment to raise his awareness, and the defendant B responded to this.

Defendant

B put about 340 copies of name cards, on April 1, 2014, on G apartment mail around 10:00 according to the above mother, on which Defendant A’s photograph and brief personal records are stated.

As a result, the Defendants conspired to spread documents by unlawful means in order to influence the election.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of statement concerning H and I;

1. The police seizure record and the list of seizure;

1. Response to communication confirmation data;

1. Photographs of seized articles;

1. Investigation report (related to the registration status of candidates A for local elections of suspects, the area where suspects spread their name cards, and the list of candidates, such as candidates for election of City Council members);

1. Application of existing Acts and subordinate statutes of 340 copies (No. 1) of the name cards of the seized preliminary candidate;

1. Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act concerning facts constituting an offense, and Article 30 of the Criminal Act;

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

1. Confiscation.

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