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(영문) 창원지방법원 2020.10.15 2020고합166
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 make contributions for a candidate (including a person who intends to become a candidate; hereinafter the same shall apply) in connection with an election, and distribute documents, drawings, pictures, printed materials, etc. indicating the name of a candidate to the election day from 180 days before the election day to the election day, in violation of the Public Official Election Act.

On December 9, 2019, the Defendant purchased “D” 50 tickets of C’s 21th National Assembly Members Election B, which he/she intends to go to a constituency for the 21st National Assembly member election, and, on December 9, 2019, from around 18:30 to 21:00, the Defendant divided C’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’ c’ c’ c’ c’ c’ c’ c’ c’ c’ c’ c’ c’ c’ c’s c’ c’s c’s c’s c’s c’ c’s c’s c’

As a result, the defendant made a contribution to C for the 21st election of National Assembly members, and at the same time distributed C's self-written 49 tickets, a document indicating C's name, not according to the Public Official Election Act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of investigation report (a copy of the part of the C self-written statement of the prosecutor's office), investigation report (a confirmation of the recipient of the C self-written statement and the preparation of a list), investigation report (a confirmation of candidates B C) with regard to I;

1. Article 257 (1) 1, Article 115 ( point of contribution by a third party) of the Public Official Election Act, Article 255 (2) 5, and Article 93 (1) of the Public Official Election Act for facts constituting an offense (the point of distribution of the document in which the name of the candidate is shown);

1. Selection of punishment provided for in Articles 40 and 50 of the Criminal Code (the punishment provided for in the crime of violating the Public Official Election Act due to the act of contribution by a third party heavier than the punishment).

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