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(영문) 광주지방법원 2016.11.04 2016고합308
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person registered as a preliminary candidate for a 20th National Assembly member election implemented on April 13, 2016, with respect to the 20th National Assembly member election conducted on December 15, 2015.

No one shall use a loudspeaker system for an election campaign except where he/she uses it for a speech, interview or debate at the place of a campaign speech or interview at an open place or at an interview or debate place under the Public Official Election Act, and conduct an election campaign by any means other than those prescribed by the Public Official Election Act prior to an election campaign period

Nevertheless, on February 23, 2016, the Defendant: (a) was a vice president of Gilcheon and graduated from the F Child Care Center (hereinafter “child care center graduate ceremony”) in the E E building on February 23, 2016; and (b) was on the top of 400 electorates in the electorate attending the above event using microphones, and came to this turn in order to pursue any further change at the same time; (c) was a vice president and the former Do governor, who was in charge of the F Child Care Center E society (hereinafter “child care center graduate ceremony”); and (d) was on the top of Do; and (e) was 400 electorates in the electorate attending the above event using microphones. our future was on the top of us. At this time, us came to this end to this point in order to pursue any change.

Accordingly, the Defendant carried out an election campaign before the election campaign period, and used a loudspeaker system for the election campaign.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the statement made to H by the police;

1. Application of statutes on field video CDs;

1. Article 254 (2) of the Public Official Election Act (the point of a prior election campaign), Article 255 (2) 4, and Article 91 (1) of the Public Official Election Act (the point of violation of restrictions on use of loudspeaker systems) concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crime of violating the Public Official Election Act due to a violation of restrictions on the use of heavy loudspeaker systems, the quality of which is more severe;

1. Selection of a fine for negligence;

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