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(영문) 창원지방법원 진주지원 2016.06.30 2016고합46
공직선거법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as prescribed by the Public Official Election Act, no one shall distribute, post, distribute, screen, display, or display any advertisement, personnel record, poster, photograph, document, drawing, printed matter, etc. which indicates the name of a political party or candidate's name, or any advertisement, poster, photograph, document, drawing, printed matter, etc. which indicates the name of a political party or candidate, with the aim of influencing the election from 180 days before the election day to the election day, and no one may conduct an election campaign by means of broadcasting, newspapers, news communications, magazines, other publications, campaign meetings, debate, alumni meetings, alumni meetings, neighbors' meetings, other meetings, information and communications, establishment of an election organization or private organization, door-to-door visits, or other methods prior to the election period, except as prescribed by the Public Official Election Act.

Nevertheless, the Defendant, on April 13, 2016, issued an I newspaper news published on February 26, 2016, the following: (a) for the election of F registered as a preliminary candidate in the CD-E constituency for the 20th National Assembly member election of the 20th National Assembly member; (b) on February 26, 2016, the Defendant issued the I newspaper news that included the aforesaid F’s special interview articles, “G” as part of the pledge items, H’s medical history, and the photograph of the said F’s photograph, etc.;

3. During the period of July 1, 200, 7,436 copies were distributed to 568 members of the I Research Council, C and D village heads, principals, relatives, and 568 members of the I Research Council by way of posting by mail to 568 members of the I Research Council.

Accordingly, even if the election campaign period is not an election campaign period, the defendant distributed documents by illegal means and carried out an election campaign.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Written answers to N;

1. Each investigation report (as to the attachment of the results of inquiring about the details of entry and withdrawal transactions, the attachment of data and the distribution of newspapers shall be made;

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