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(영문) 창원지방법원 진주지원 2018.11.08 2018고합130
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 13, 2018, the Defendant was the friendly son of a candidate C who belongs to the election district of a National Assembly member of the local government Do government 7 times nationwide, which was implemented on June 13, 2018, and H, I, and J are the above C ASEAN, and H, I, and H, I, and J are the above C son’s election campaign members with interest at the relative of the above G (hereinafter referred to as “four persons, such as G, H, I, I, and J together”). No person may spread any printed matter, etc. indicating a candidate’s name, unless it is prescribed by the Public Official Election Act, in order to influence the election from 180 days before the election day to the election day.

On June 4, 2018, at the election office of the above C candidate in K around 20:35 on June 4, 2018, the Defendant had engaged in the above office to assist the election campaign of the C candidate.

G et al. proposed to the effect that “C’s name” is “Ppuri in front of each apartment household entrance,” and four persons including G et al. conspired to enter one person for each apartment unit and spread C’s name to each apartment unit.

Accordingly, on June 4, 2018, four defendants, G, etc. spreaded the name cards by setting in front of the entrance of each household unit the name cards of C, which was prepared in advance, in M apartment between M among around 20:58 and around 21:31.

Accordingly, the Defendant conspiredd with four members of G, etc., and spreaded a printed name indicating the name of C, a candidate of a member of D local government, instead of the Public Official Election Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning respective examinations of prosecutions and police officers against G, H, I, and J;

1. A protocol of seizure and a list of seizure;

1. The ledger of persons related to election affairs;

1. List of the list of preliminary candidates:

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Article 255 (2) 5 and Article 93 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts, and Articles 30 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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