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(영문) 춘천지방법원 영월지원 2015.01.15 2014고합60
공직선거법위반
Text

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

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the person in charge of the accounting of the election office of the J's election affairs office, and the defendant B is the election manager of the above election affairs office, who is an election campaign manager of the above election affairs office, who participated in the constituency D (E, F, G, and H) of the static-si local election of the 6th day of June 4, 2014.

No one shall distribute, post, spread, play or run a document, etc. stating the name of a political party or candidate or a document, etc. stating the name of a political party or the name of a candidate, in order to have an influence on the election from 180 days prior to the election day to the election day.

Nevertheless, in order to influence the election in favor of theJ, the Defendants conspired to produce the K’s criminal records, a candidate belonging to the above constituency, in writing, and distribute them to the local senior citizens center, etc. A around June 1, 2014, Defendant A added the title “candidate information disclosure data (information about candidates for the National Election Commission)” to the K’s criminal records located on the website of the National Election Commission at the election office of the J in Gangwon-gun, Gangwon-gun, which is located on the website of the National Election Commission around June 1, 2014. Defendant B distributed the said documents from around 08:0 on June 2, 2014 to December 12:00, 2014, one of the above documents was distributed to the Gangwon-do senior citizen center, N senior citizen center, senior citizen center, P senior citizen center, senior citizen center, Qgu, senior citizen center, and senior citizen center at the 6th place in the same aggregate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement of K, S, T, U, V, J, and W;

1. Data on candidate information;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act and Article 30 of the Criminal Act concerning criminal facts and the selection of punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on each order of provisional payment.

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