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(영문) 대구지방법원 포항지원 2014.11.03 2014고합110
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a student of the preliminary candidate CD Gun, who is the head of the Gyeongbuk-do.

The head of the Tong, Ri, or Ban shall not conduct an election campaign except in cases where a preliminary candidate himself/herself or his/her spouse is a preliminary candidate, and no one shall distribute printed matters supporting a candidate in order to have an influence on the election from 180 days before the election day to the election day, except in accordance with the Public Official Election Act.

Around 10:00 on April 17, 2014, the Defendant: (a) requested F of the Office of Planning and Audit of the Korea Military Agency Office to screen a newspaper article favorable to the preliminary candidate who filed a complaint by a constructor who is a party related to the above question as defamation against a tenant; (b) requested F to screen a newspaper article favorable to the candidate that the constructor filed a complaint by defamation against the tenant; and (c) by using the computer, F to screen five local newspapers such as “D group flive to the current head of the Gun,” “No bribe, bribe, etc. to the present head of the Gun,” “F sent five local newspapers such as “D group flive to the current head of the Gun, not a bribe,” and printed and printed the above documents, and then distributed one copy at the 110:0 on the same day to the State, and then, present that part to the customer and then present that part to the second State.

As a result, the defendant distributed printed materials to carry out an election campaign as a dual head and at the same time to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Each police protocol of statement of M, N, L, and I;

1. Copy of printed materials (a screen of a newspaper technician);

1. Application of Acts and subordinate statutes to the identification certificate or a certified copy of the removed document;

1. Article 255(1)2 and Article 60(1)7 of the Public Official Election Act (the occupation of illegal election campaign) for criminal facts and Article 255(1)7 of the Public Official Election Act.

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