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(영문) 서울북부지방법원 2014.12.19 2014고합496
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No one shall distribute, post, spread, show or run an advertisement, letter of personnel management, poster, photograph, document, picture, picture, picture, printed matter, recording tape or others similar thereto which contain contents supporting, recommending or opposing a political party (including the preparatory committee for the formation of a new political party and the party platform or policy of a political party) or candidate (including a person intending to become a candidate), or which indicate the name of a political party or candidate's name, in violation of the provisions of the Public Official Election Act, in order to influence an election from 180 days before the election day to the election day.

The defendant was the 6th local election of Dong-gu Seoul Metropolitan City on June 4, 2014 that was implemented on June 4, 2014, and was elected as a candidate for the Do council member in the Do-dong local election.

The Defendant, which was scheduled on April 2014, had competition between E and G in the competition process of a candidate for a F Party metropolitan political party that was scheduled on April 2014, had expressed his mind to publicize E in order to assist in enhancing the awareness of E related to the E’s competition and the above election.

On April 18, 2014 and December 19, 2014, the Defendant requested the J to support E, and divided the name of E into 36 and 65 public relations place for public opinion poll, wherein the name of E is indicated.

As a result, the defendant distributed a name tag indicating the name of E that he wanted to be a candidate and a promotional paper for public opinion poll in order to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement to J;

1. Five copies (E preliminary candidates) of the public opinion poll conducted on April 14, 2014, five copies of the public opinion poll conducted on April 14, 2014, one copy of the photographic data distributed on April 14, 2014, and one copy of the photographic data distributed on April 19, 2014, one copy of the name card distributed on April 19, 2014 (E preliminary candidates), 19 copies of the name card distributed on April 19, 2014, and 31 copies of the public opinion poll distributed on April 14, 2014 (E preliminary candidates).

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