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(영문) 수원지방법원 안산지원 2017.11.30 2017고합278
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant, at around C 12:31, a nationwide simultaneous voting day for the party members to be responsible for the election of the candidates for the 19th president of the political party B, at the Defendant’s residence located in Ansan-si, the 205 Dong 102, the Internet Nbber Do, “E” in the Internet Nbber Do. The Defendant resigned from office at 11:30 p.m. and accompanied with G candidates.

I have declared.

“Along with the posting of the same text (hereinafter “the instant notice”), “A” posted the same content on 12:33 “H political party” on the same day, 12:33 “I on the same day,” “B political party’s 12:33 “B on the same day,” 12:34 “K on the same day,” 12:35 “K on the same day,” 12:35 “L on the same day, 12:35” on the same day, 12:38 “N on the same day,” and 12:38 “N on the same day.”

However, in fact, F candidates resign as above and together with G candidates.

There was no declaration made.

In the end, the Defendant published false facts about the candidates to be disadvantageous to the candidates by means of broadcasting, newspaper, communication, or other means, with the aim of preventing the election of the F candidates in connection with the intraparty competition for the 19th President candidate.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against theO;

1. Application of the A NA-related Acts and subordinate statutes;

1. Article 250(3) and Article 250(2) of the Act on the Election of Public Officials for Criminal Facts and for the Selection of Punishment (a comprehensive indictment for the instant crime was filed by a prosecutor as a substantive concurrent relationship.

However, in a case where multiple acts falling under the name of the same crime continue to be conducted for a certain period under the single and continuous criminal intent and the benefit and protection of the law from such damage are identical, each of these acts should be punished by a single crime (see Supreme Court Decision 2002Do5341, Aug. 22, 2003, etc.). The Defendant posted the same notice on the instant case on the NAV bund total nine consecutive times within the continuous period from C 12:31 to 12:38 of the same day.

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