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(영문) 전주지방법원 군산지원 2016.03.24 2014고합192
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

A was released from the election of the 6th local council members of the 6th local council implemented on June 4, 2014 as a candidate belonging to CD in the election of the 6th local council members, while the defendant is the chief executive officer of A's election.

No one shall distribute the documents, etc. indicating the name of a candidate to include the details of recommending or opposing a candidate in order to influence an election from 180 days before the election day to the election day.

On May 29, 2014, at the election office located in G around 19:00, the Defendant proposed that A had no record of criminal punishment unlike other candidates, and A accepted it.

Accordingly, the Defendant posted one copy of the copy of the previous criminal records from among the candidate information disclosure data of A and the candidate information disclosure data of H and I, who is the other party candidate, and produced 100 leaflet emphasizing that the copy of the previous criminal records was red in color in each part of the previous criminal records.

On May 30, 2014, the Defendant instructed J to distribute the above leaflet at the above election office around 10:00, and J from around 10:00 to around 12:00 of the same day, the Defendant posted approximately 100 copies of the leaflet in the mail of K apartment, L apartment, etc.

As a result, the Defendant conspired with A to recommend or oppose candidates for the purpose of influencing the election, or distributed a document indicating the name of the candidate.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the examination of suspects A by the prosecution;

1. Statement made to the prosecutor by the J;

1. Collection leaflets;

1. A CD for storage of video products, seized at the scene of the crime and leaflets;

1. Application of Acts and subordinate statutes to an investigation report (report on the confirmation of candidates for election districts D at C of the C Council);

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

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