logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.11.25 2016고합297
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Criminal facts

The defendant was a volunteer of C candidate who was going to B in the election of the 20th National Assembly member that was enforced April 13, 2016.

No one shall install a banner except for those prescribed by the Public Official Election Act in order to influence the election from 180 days before the election day to the election day, and the election campaign can be conducted only from the commencement date of the election period to the day before the election day. Thus, it is possible for a candidate for the 20th National Assembly election to install a banner for the election campaign by the candidate for the election campaign of the 20th National Assembly members after March 31, 2016, which

Nevertheless, from March 30, 2016 to March 23:00 on March 30, 2016, the Defendant installed three election campaign placards under the name of the C candidate in the name of E, F, G, H apartment, and J distance in G, H apartment, and I in Gangdong-gu Seoul Metropolitan Government, and installed three election campaign placards under the name of the C candidate from March 30, 2016 to March 23:0, 2016.

Accordingly, the defendant set up 7 election campaign banners in a way that is not allowed by the Public Official Election Act to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning L;

1. Each police statement of Q Q, R and K;

1. Application of Acts and subordinate statutes on internal investigation reports (the attachment of reported materials posted on Pests and photographs of political parties) and internal investigation reports (the attachment of evidentiary materials for banners after making a report);

1. Relevant Articles 256 (3) 1 (h) and 90 (1) 1 of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes against the crime of violating the Public Official Election Act due to the installation of banner in E with the largest penalty);

1. Attraction of a workhouse;

arrow