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(영문) 울산지방법원 2021.02.09 2020고합279
공직선거법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant from March 15, 2020 to March 15, 2020 in relation to the 21st election of National Assembly members.

3. up to 16. A person selected as a candidate for a political party B in the Ulsan C constituency in the constituency of Ulsan, who was going to a competition within the constituency of the political party B in the Gu, which was implemented by a public opinion poll method for 1,000 general public.

A political party shall not establish an election campaign office or install and post a signboard, signboard, or placard at the relevant election campaign office, directly provide his/her name cards or appeal for support, or conduct an election campaign by means other than holding a joint campaign speech meeting by a political party or a joint debate indoors, on a competition campaign in which voting rights are granted to any party member and any person other than a party member.

Nevertheless, the defendant from March 14, 2020 to the point of view

3. From the point of Ulsan D market, E, F, etc. up to June 16, the advertisement board stating the phrase “02,070 telephones, 02,070, and the phrase “(former) G A” in the conduct of the public opinion poll was posted to the election district residents.

Accordingly, the defendant did not allow the election campaign in a way that does not allow by the Public Official Election Act.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes to one copy of investigation confirmation (whether there is a fair representation) and one copy of the output of an article, one accusation, five copies of the competition campaign (Evidence No. 7,8 of the evidence list);

1. Article 255 of the Act on the Election of Public Officials and Articles 255 (2) 3 and 57-3 (1) of the Act on the Election of Public Officials concerning Criminal Facts and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The summary of the Defendant’s assertion ① At the 21st National Assembly election for the 21st National Assembly member, the Defendant’s act of wearing a ticket and making a street person wearing the ticket as a preliminary candidate at the same time as interest of the candidate for the 21st National Assembly member election for the 21st National Assembly member, and even if different, the Defendant’s act is set forth in Article 20

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