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(영문) 서울서부지방법원 2016.11.30 2016고합272
공직선거법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendants are G election campaign workers registered as preliminary candidates for E constituency F Party in the election of the 20th National Assembly members carried out on April 13, 2016.

In the intra-party competition for which a political party grants the right to vote to a party member and a person who is not a party member, that is, the method of establishing an election campaign office or posting a banner, etc. at the said election campaign office, the method by which any competition candidate directly gives him/her name, photograph and other matters necessary for public relations or appeal for support, the method by which any political party distributes any competition campaign material and hold a joint speech meeting or a joint debate from any political party.

Nevertheless, from March 10, 2016, the Defendants offered a lake and marsh phone call to the electorates for the purpose of leading to a public opinion poll for the National Assembly members of the F Party E-election district in the telephone public opinion poll method and raising the awareness of the preliminary candidates for G candidates, against the prospective electors 50,00 electors.

1. The Defendants’ co-principal Defendants worked as a volunteer for the 20th National Assembly candidate election campaign office for the 20th National Assembly member of Seoul H and the 2nd floor. On March 7, 2016, Defendant A opened Defendant B a “tel” list stating the telephone numbers of the electorates within the jurisdiction and the telephone call method, and directed the electorates to use the “phone number list” and the “telmen” telephone calls for lightline support; Defendant B from March 10:0 to December 12:54, 2016 to approximately 104 electors, including the electorate, using two cell phoness (I and J) in the name of the preliminary candidate from March 8, 2016 to December 8, 2016 at the direction of Defendant A.

The author has the honor to hold a candidate election office for the G Assembly member who has laid L in the E-election.

It shall not transmit a number of party members with a thickness of frequently telephoneing.

In addition, there is a public opinion poll competition for the election of candidates of F Party during the period from March 10 to 20 days from March 10 coming.

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