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(영문) 대전지방법원 2015.02.17 2014고합451
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On June 4, 2014, the defendant is a volunteer of the Jeju election campaign office, who is a preliminary candidate for the head of the Daejeon Metropolitan City of the 6th local elections.

A preliminary candidate shall prepare his/her photograph, name, telephone number, academic background, career, and other printed matters necessary for publicity within a number equivalent to 10/100 of the number of households located in the constituency and obtain confirmation on the objects to be dispatched and the number of printed matters, etc. from the competent election commission, and then send them by mail as prescribed by Regulations of the National Election Commission by three days before the beginning date of the election period, as stipulated by Regulations of the National Election Commission. In such cases, the preliminary candidate for the presidential election and the election of the head of a local government shall publish the campaign promises and the goals, priority, execution procedures, period for performance, and plan for raising funds for each project as a promotion plan therefor on the pages of at least 50/100

Nevertheless, on April 10, 2014, the defendant prepared promotional materials of preliminary candidates D at the "F Office located in Seo-gu, Daejeon, Daejeon, without entering 50/10 or more of the pages of preliminary candidates D, and sent 10,410 copies of the promotional materials on the same day to the electorate on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The defendant and his defense counsel in the police statement statement about D did not enter 50/10 or more pages, etc. and prepared promotional materials of preliminary candidates C head of the Daejeon Metropolitan City C-Gu and sent them to the electorate. However, prior to sending promotional materials, the defendant and his defense counsel asserted that the promotional materials were not illegal after having shown in advance to the personnel of the election commission as to whether the contents of the promotional materials violate the election law.

The act of misunderstanding that one's own act under Article 16 of the Criminal Act was not a crime under Acts and subordinate statutes is justified.

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