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(영문) 광주지방법원 순천지원 2018.11.08 2018고합176
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

Punishment of the crime

The facts charged shall be corrected according to the evidence to the extent that it does not materially disadvantage the defendant's right of defense.

The defendant shall be the chairperson of the C Residential Self-Governing Committee in the C community service center in case of leisure.

No member of the Residents' Self-Governing Committee shall conduct an election campaign.

Nevertheless, the defendant, at around 11:00 on March 21, 2017, took part in the meeting room where about 20 autonomous members in the C community service center located in S, which is located in S, are present at the meeting room, and "I am the son who actively tried to be elected by winning in the main line with the thickness of advisory members of Shee E in F party competition.

“The election campaign was carried out by speaking for support for E’s election.”

Summary of Evidence

1. Each police statement made to G, H, L, and I;

1. A list of autonomous members and the application of statutes governing municipal ordinances;

1. Article 255 (1) 2 of the Act on the Election of Public Officials and the Selection of Fines concerning facts constituting an offense, Article 255 (1) 7 of the Act on the Election of Public Officials, and the main sentence of Article 60 (1) 7 of the Act

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

1. The summary of the argument on the argument of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the Defendant only made a personnel statement at a level to attract E, and did not raise awareness that the Defendant was an election campaign violating the Public Official Election Act, and thus did not have an intention to commit the crime.

Judgment

According to the evidence duly adopted and examined by this court, the defendant's statement as stated in the facts of the crime of this case was defective during the meeting of the C Residential Self-Governing Council, and H at the time recognized that the defendant's statement was in violation of the Public Official Election Act, and I, the other participants, also, "I will make a favorable statement to the defendant."

The facts, etc. against which the statement was cancelled are acknowledged.

The purpose of the defendant is to reduce the E F party competition at the meeting of the Residents' Self-Governing Committee, and to “the interest to E”.

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