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(영문) 대구지방법원 상주지원 2020.01.09 2019고합51
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

From March 2017, the Defendant is serving as the head of the Gyeongsung branch, a corporate association, from March 2017, and D is an auditor of the said C branch, who was present at the F City Basic G election for the H constituency as a candidate who was irrelevant to the H election.

An organization in which a candidate is an executive officer shall not conduct an election campaign in the name of such organization or in the name of its representative.

Nevertheless, at the “J” restaurant located in I on March 27, 2019, the Defendant: (a) sent to 93 members of C branch offices, who are electors, the same type of business (K) in the H constituency for the election of the F City Council members; (b) opened a G election to create L,M, and Ndong, representing low-scar type and happy food. Based on the experience, the Defendant did not put up any change on the basis of experience, sent to the candidates one of the most valuable marks for the main portion of business to the “D” candidate, who prepares for the future. The head of C branch A, along with the text of the C branch A, sent the front text messages for the election campaign of D, along with the text of the C branch offices, so that they can continuously read the same contents on the Internet bulletin board, such as D branch offices and 35 members, and continued to have access to the aforesaid P branch offices and 34 members.

Accordingly, the defendant carried out an election campaign under the name of the representative of the organization in which the candidate is an officer.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (verification of whether the executive officers of B organization C branch of the Si Council candidate D), report on internal investigation (verification of the details of text messages sent by the suspect), investigation report (verification of suspect A mobile phone photographs, data of the F City Election Commission, etc.);

1. Application of Acts and subordinate statutes to replys to respective requests for cooperation;

1. Article 255 (1) 11 of the Public Official Election Act and Article 87 (1) 6 of the Public Official Election Act concerning facts constituting an offense;

1. Detention at a workhouse;

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