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(영문) 대전지방법원 천안지원 2015.01.14 2014고합261
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant is a member of the National Assembly D(E) middle school, and D is a member of the National Assembly, and D around February 13, 2014, expressed his/her intention to go to the election of the Do Governor through a press conference, etc.

6.4. A person who wishes to be a candidate for an election held by the GDo Governor.

1. Except as prescribed by this Act, no one who has violated an election campaign period or distributed unlawful means documents shall include contents supporting, recommending or opposing a candidate (including a person intending to become a candidate) in order to influence an election from 180 days prior to the election day to the election day, or distribute printed matters indicating a candidate's name or have another person do so, and no one may conduct an election campaign in a way other than that prescribed by the Public Official Election Act prior to the election campaign period;

Nevertheless, at around 19:00 on April 5, 2014, the Defendant, at H’s restaurant, had approximately 15 persons, including J, K, L, and M, attend the restaurant, and, upon having arrived at the restaurant, D’s name from D’s N, immediately after having arrived at the restaurant, and distributed D’s name to ordinary customers and participants of the meeting, and appealed for support, such as “D’s member d’s d’s d’s d’s d’s d’s d’ d’ d’ d’ d’ d’ d’ h so that he d’s d’s d’s d’s d’s d’ s d’s d’.

Accordingly, the defendant distributed the name cards D to influence the election, and at the same time, carried out an election campaign in a way that is not prescribed in the Public Official Election Act prior to the election campaign period.

2. No person shall make, or have another person make, a contribution to a candidate (including a person who intends to become a candidate) in connection with an election;

Nevertheless, the Defendant, at the time and place under Paragraph 1, had approximately 15 persons attend D and complained of D’s support, paid in cash in possession of KRW 480,00 for the following meal expenses.

In this respect, the defendant is for D in relation to the election.

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