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(영문) 전주지방법원 정읍지원 2018.08.08 2018고합16
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

A prosecutor was indicted on the premise that the offense of violating the Public Official Election Act due to distribution of documents, etc. by means of prior election campaign and unlawful means from December 26, 2017 to March 13, 2018 and the offense of violating the Public Official Election Act due to prior election campaign from October 2017 to February 23, 2018 was in a substantive concurrent relationship. However, the offense of violating the Public Official Election Act from around October 2017 to March 13, 2018, comprehensively constitutes a single offense of violating the Public Official Election Act by distributing one document from around December 26, 2017 to around March 26, 2017 to around March 13, 2018, constitutes a crime of violating the said Act by comprehensively distributing one document by means of joint election under the Public Official Election Act from around 15 through 20, 26 through 30, 2017 to around March 13, 2018.

Since it is reasonable to see that facts constituting a crime have been revised according to such judgment.

On June 13, 2018, the Defendant registered as a preliminary candidate on April 2, 2018 in order to leave the above election, and registered as a candidate on April 2, 2018, the 7th anniversary of the simultaneous local election C Council member D, to leave the constituency for the above election.

Before the election campaign period, the election campaign should not be carried out except as otherwise provided for in the Public Official Election Act, and the election campaign period of simultaneous local elections at the 7th time was from May 31, 2018 to June 12, 2018, which is the 6th day after the closing date of candidate registration.

In the case of preliminary candidates, an election campaign may be conducted by the method prescribed in Article 60-3 of the Public Official Election Act, but no one may conduct an election campaign before being registered as a preliminary candidate, and no one shall conduct an election campaign from 180 days before the election day to the election day (from December 15, 2017 to June 13, 2018) without the provisions of the Public Official Election Act.

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