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(영문) 서울서부지방법원 2017.08.09 2017고합156
공직선거법위반
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[Status and premise of the Defendants] Defendant A is the head of the center of Eunpyeong-gu G (hereinafter “instant center”) and Defendant B is each local public official as the head of the overall team of the instant center.

H Political Party: (a) conducted intra-party competition for the election of candidates for the 19th presidential election; (b) decided to invite electors from the general public (hereinafter referred to as “election group”); (c) from February 15, 2017 to March 9, 2017, recruited an electoral group from March 12, 2017 to March 21, 2017.

[Criminal facts]

1. Defendants, public officials, and other persons obliged to maintain political neutrality pursuant to Acts and subordinate statutes shall not engage in any conduct that affects the election, such as exercising undue influence over the election, by taking advantage of their status

Nevertheless, the Defendants had the mind to recruit voters against the employees belonging to the instant center with the competition of H party.

Accordingly, around March 2, 2017, Defendant B posted “the national elector’s publicity image for the election of H party candidates” as stated in the “J”, the election district of H party candidates, i.e., the employees of the instant center, sent a Kakao Stockholm group entertainment room for H party employees, and Defendant B posted “the national elector’s publicity image for the election of H party candidates” around March 7, 2017, after completing a meeting at the center L located in Eunpyeong-gu Seoul, Seoul, with the employees belonging to the instant center, collected the above I candidate capital and printed the “registration form for H party elector’s elector’s elector’s elector’s election” printed in the said I candidate’s election district. From around March 7, 2017, the Defendants continued to register the Defendant’s family members from around 31, 200 to 37, 200, and the above Defendant’s family members, who were allowed to retire.”

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