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(영문) 청주지방법원 2016.10.14 2016고합131
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

The Defendant is a person who was an election campaign manager of D, who was posted as a candidate to the Cheongju District in the 20th election of National Assembly members.

The election campaign period for the 20th National Assembly members shall not be allowed except as otherwise provided for in the Public Official Election Act before the election campaign period. The election campaign period for the 20th National Assembly members was from March 31, 2016, the sixth day after the deadline for candidate registration to April 12, 2016, which is the day before the election day. Any person may divide the name of a preliminary candidate into direct relations only when he/she attends a preliminary candidate, in order to influence the election from 180 days before the election day to the day before the election day, with advertisements, letter of personnel management, poster, photograph, document, picture, picture, picture, printed matter, recording tape, video tape, and others similar thereto indicating the name of the person who intends to be a candidate, or distribute, affix, spread, show, or display them, and the name of a preliminary candidate, his/her spouse, or election campaign manager, who is not a lineal ascendant or descendant, etc.

On February 20, 2016, from around 16:47 to 17:06 of the same day, the Defendant divided approximately 55 name cards from around the F entrance in Chungcheong City E, and even without accompanying preliminary candidates D, into approximately 55 unspecified persons who found out the above D name in F.

In this respect, the defendant carried out an election campaign in a way other than that prescribed in the Public Official Election Act before the election campaign period, and distributed the candidate's documents, drawings, etc. by unlawful means in order to influence the election.

Summary of Evidence

1. The defendant's legal statement 1. Each internal investigation report 1. A seizure report and a reply to the request for investigation cooperation (Evidence No. 14) 1. Mabbbbbbling distribution ctv images, and photograph 1. Application of CD (Evidence No. 12) statute

1. Article 255(2)5 and Article 93 of the Public Official Election Act concerning criminal facts;

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