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(영문) 창원지방법원 통영지원 2019.08.08 2018고합148
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

On June 13, 2018, the Defendant was a person who was married as a candidate for a D party in the Celection of City Council Members B of Dong-si Local Election on June 7, 2018.

No person shall make house-to-house visits for an election campaign.

Nevertheless, at around 15:40 on April 6, 2018, the Defendant entered the office of the first floor investigation and investigation support team of the B police station in E, and filed an appeal for support to the police officers working at the office of the B police station's office, and thereafter, visited the police officers working at the office of the B police station's intelligence criminal investigation team, and visited the office of the B police station's intelligence criminal investigation team in order to participate in the election, and claimed support.

Accordingly, the defendant visited each house for election campaign.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness F and G’s respective statutory statements;

1. Article 255 (1) 17 and Article 106 (1) of the Public Official Election Act (generally applicable to the provision applicable to facts constituting an offense and the selection of fines) concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Although the defendant and his defense counsel visited the B police station's investigation and investigation support team's office, intelligence criminal investigation team's office, etc. to assist civil petitioners to provide counseling with police officers who were known to the general public, the defendant and his defense counsel did not have visited the B police station's office, and did not appeal for support to police officers at that place.

2. The witness F, G, the defendant entered the office with an election campaign occupant during the election campaign period, and stated that the office was “comford” by the defendant.

It is said that the defendant, who was going through the election, entered each office for election campaign and asked it well.

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