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(영문) 대구지방법원 포항지원 2018.12.06 2018고합90
공직선거법위반
Text

Defendants shall be punished by a fine of KRW 800,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

On June 13, 2018, Defendants were members of the I election commission, who were elected as candidates for H political parties to the election of members of the G Council at the 7th simultaneous local elections all over the country.

No one shall spread documents, etc. indicating the name of a candidate in order to have an influence on the election from 180 days before the election day to the election day.

On June 6, 2018, the Defendants conspired to carry out an election campaign by spraying a name tag for the above I’s election campaign before the election is completed while they were taking meals at a mutually influent restaurant not exceeding J around 12:00.

On June 6, 2018, at around 12:40, the Defendants arrived at the top of the L church located in K, and spreaded and re-sprinked out with the name of Defendant A and Defendant D and Defendant C, the grouped by Defendant F and Defendant B, and the grouped up to 2:1. At the same time, the Defendants spreaded to the first, second, third, third apartment, NB, NBL, NBL, P apartment, Q apartment, R lending, S apartment, and neighboring housing, in order to influence the election of the street parked on the road. In order to carry out the postal services of apartment and neighboring housing, and to affect the election of the street parked on the road, the Defendants spreaded Chapter 1,397, the sum of the names for public relations of the above I’s election, and Chapter 397, for the purpose of promoting the election.

Summary of Evidence

1. Defendants’ legal statement

1. The application of Acts and subordinate statutes of Chapter 1397, such as the notification of a petition, additional investigation data, the notice of election, the person in charge of accounting, the report on the appointment of election office members, the report on internal investigation (in the event of the distribution of the I candidate's name photo), the map on spraying area, the photo of the spreaded name cards (in the event of the distribution of illegal name cards by the election campaign team), the photograph of the CCTV image photograph, the internal investigation report (in the case of the person who spreads the name cards for the purpose of election publicity), the photograph of the name cards for the collection of the first candidate list (in the case of the person who spreads the name cards for the purpose of election publicity), the photograph of the name cards for the collection of the election campaign board (in the case of attaching the I candidate list), the

1. Article 255(2)5 of the Act on the Election of Public Officials, the main text of Article 93(1) of the Act on the Election of Public Officials, Article 30 of the Criminal Act (a inclusive,) concerning facts constituting an offense, and Article 255(2)5 of the Act on the Election of Public Officials

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