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(영문) 의정부지방법원 2018.11.30 2018고합318
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

To the extent that it does not infringe on the defendant's right of defense, the phrases, specifications, etc. of the facts charged were modified.

1. The Defendant, who violated the prohibition of unlawful distribution of advertising, documents, and printed materials, was on June 13, 2018 at the Defendant’s work, with a view to supporting the E of the Defendant’s candidate at the Defendant’s work at the Defendant’s work, within the king-do office located in the king-si around June 14:49 during the election campaign period for simultaneous nationwide local elections on June 14, 2018.

F. F. F. M.N.’s address

D A total of 10 persons, G, H, I, J, K, L, M, N,O, and P, respectively, contain two copies of the election campaign promises of the above candidate, two copies of the election campaign bulletins of the book-person, two copies of the election campaign bulletins, and one box, respectively.

Accordingly, the defendant distributed the advertisement, documents, and printed materials indicating the name of the candidate E in D market from 180 days before the 7th simultaneous local election day to the election day in order to influence D market elections.

2. In order to support the above candidate E at the time and place specified in paragraph 1, the Defendant violated the restriction on contribution by a third party: (a) had the above F F enter 10 persons, including the above candidate G, in the letter “ Q” (market price of KRW 20,00) published by the said candidate; and (b) had them deliver each of them together with the post office-based compensation who entered the above election campaign note, etc.

As a result, the Defendant made a contribution amounting to KRW 400,000 (=20,000 x 20 x 20) in total for the above candidate E with respect to the election of local government D market at the 7th simultaneous elections nationwide.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. The persons who are responsible for book-keeping, such as the materials, etc. of the election campaign bulletin;

1. Each investigation report (to visit and investigate a witnessO, M, each P telephone conversation, reference L, H, and I respectively);

1. Application of Acts and subordinate statutes to investigation report (the final confirmation of a parcel receiver);

1. Article 255 of the Act on the Election of Public Officials and the Selection of Punishment for Criminal Facts shall be applicable;

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