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(영문) 의정부지방법원 고양지원 2014.11.07 2014고합189
공직선거법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as provided for in the Public Official Election Act, no one shall distribute any newspaper that carries news about an election by any means other than ordinary methods.

Despite this, the Defendant discovered that the article favorable to the election of the head of the 6th basic local government election scheduled to be held on June 4, 2014, in the election of the head of the 6th basic local government, which intends to be a candidate for the head of the Pacific City, was posted under the title of "Priju C and tension friendship" on March 3, 2014, the Defendant purchased at KRW 1.50,000 copies of the 300 copies of the 6th basic local government election scheduled to be held on June 4, 2014, and intended to individually distribute it at the time of the election of the 300,000 won.

On March 5, 2014, from around 10:00 to around 11:00 on March 5, 2014, the Defendant distributed 300 copies of the above midline 300 copies of the above midline 300 copies of the above schedule to the offices of the Pakistan Livestock Cooperatives, the Nonghyup Livestock Industry Cooperatives, the Namju Branch, the Geumnam Branch, the Namnam Branch, the Seoul Southern Saemaul Community Bank, the Hongju Community Community Bank, the D Hospital, the KTpa Branch Branch, and the Pacific Medical Service Center, etc., which are located in the Geumju-si-si.

Accordingly, the defendant distributed a newspaper containing an article about the election in a way other than ordinary ways.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of E and F;

1. The application of CCTV-type and finance-related Acts and subordinate statutes to a photographic document distributed;

1. Relevant provisions of relevant Acts concerning facts constituting an offense and Articles 252 (1) and 95 (1) of the Public Official Election Act for the selection of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime is to purchase a newspaper in which articles favorable to the candidate he/she supports are posted, and to keep the newspaper in which many people have access.

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