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(영문) 의정부지방법원 2016.11.23 2016고합438
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The accused shall be a preliminary candidate for the election of the National Assembly members of the National Assembly, and even a preliminary candidate for the election of a National Assembly member of the National Assembly shall be prohibited from personally giving name cards or appeal for support within one theater, which is one of the subway stations and other places open to the public which many people as prescribed by the National Election Commission Regulations, in the constituency

Nevertheless, on March 1, 2016, from around 18:35 to 19:15 on the same day, the Defendant distributed 50 copies of the Defendant’s name, photograph, etc. to the visitors who view the “ear” film shown at the time, and distributed 50 copies of the name of the Defendant’s name, photograph, etc. to the visitors who view the “ear” film shown at the time, without following the provisions of the Public Official Election Act.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of the police officer concerning G;

1. Each statement of H and I prepared;

1. The name cards and distribution of video tapes, CDs of motion pictures, and photographs installed in a theater, CCTV video materials installed in a theater, and the name cards distributed by the suspect within the theater;

1. Application of Acts and subordinate statutes to investigation reports (verification of the date of preliminary suspect registration);

1. Relevant Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case for sentencing of Article 334(1) of the Criminal Procedure Act for the reason of sentencing of the provisional payment order is that the defendant, a preliminary candidate for an election campaign, distributed name cards within the theater, which is a place where issuance of name cards is prohibited before the election campaign period, in order to influence an election, and is likely to undermine the fairness of the election, and the possibility that the defendant's act actually influenced the election should not be completely ruled out.

The Defendant was elected in the 20th National Assembly member.

However, the defendant.

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