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(영문) 대전지방법원 천안지원 2016.09.07 2016고합121
공직선거법위반
Text

Defendant

A A shall be punished by a fine of KRW 1,500,00, by fines of KRW 800,000, by respective fines of KRW 1,500,00.

The defendants are the defendants.

Reasons

Punishment of the crime

On April 13, 2016, the Defendants were election campaign workers of H who were going to the G constituency for the 20th National Assembly member election campaign on April 13, 2016. Defendant A is the team leader of the “J” in charge of the election campaign in the area I in the south-gu Seoul Special Metropolitan City. The remaining Defendants are the team members of the “J”.

No one shall distribute, post, spread, show or run an advertisement, personnel management place, poster, photograph, document, picture, picture, picture, printed matter, printed matter, recording, video tape or other similar things, which includes contents supporting, recommending or opposing a political party or candidate or a person who intends to become a candidate, or which indicates the name of a political party or candidate in order to have an influence on the election from 180 days before the election day to the election day.

Nevertheless, on April 7, 2016, Defendant A: (a) moved the remaining Defendants to the same Gu L, having him on board in the office of H located in Dongnam-gu, Chungcheongnam-gu; and (b) ordered the said Defendants to “the head of office to search for the house, and return the name”; (c) the said Defendants distributed to the said Defendants the name of promotional name stating H’s photograph, name, academic career, career, etc., on the face of the person who resides in the place or who is in the neighborhood, and distributed to the said Defendants a total of approximately 80 name as indicated in the attached list of crimes by sticking the above name on the house or the entrance.” (d) the Defendants distributed the name of promotional name stating H’s photograph, name, academic career, career, etc., on the face of the person who resides in the place or who is in the neighborhood.

As a result, the Defendants conspired to distribute printed matters including the contents recommended by the candidates to influence the election from 180 days before the election day to the election day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each photograph;

1. Application of Acts and subordinate statutes to a report on investigation (specific list of crimes and attachment of documentary evidence);

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

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