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(영문) 서울남부지방법원 2014.10.30 2014고합230
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

Punishment of the crime

No one shall install, display, post or distribute any wreath, balloon, signboard, placard, advertising balloon, advertising tower, other advertising material or facilities, except for those prescribed by the Public Official Election Act, in order to have an influence on the election from 180 days before the election day to the election day.

On March 27, 2014, at around 20:42, the Defendant: (a) attached and operated a LED electronic sign board (1.5m, 30m, 1.5m, h., h., h. C’B CUT search) on the front side of the 6th office store, which was held on June 4, 2014, to have an impact on the election of C, who wishes to be a candidate for the election of the Seoul Metropolitan City Seoul Metropolitan City City/Do Seoul Metropolitan City Seoul Metropolitan City, which was held on June 4, 2014.

Accordingly, the defendant installed and posted advertisements that are not in accordance with the Public Official Election Act in order to influence the election from 180 days before the election day to the election day.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (Confirmation of Facebook);

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of D vehicles and contents of advertisement, photographs, materials for search of oil tubes, attachment of secondary inquiries, and detailed statements for handling 112 reported cases);

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. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant operates a laundry in the Yongsan International Business District, and from February 2, 2012, the election period prior to the designation of the said district, demands the establishment of countermeasures against the Seoul Seoul market, the Defendant 1 to walk up with the banner stating the phrase “SUT Search” on his/her vehicle, and have him/her run on the banner, and March 19, 2014.

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