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(영문) 창원지방법원진주지원 2020.10.22 2020고합85
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

B was elected in the election of the 21st National Assembly member that was implemented on April 15, 2020, by entering the 21st National Assembly member as a candidate for the D Party in the C constituency.

No one shall install, display, post or distribute any advertisement or advertising facilities in order to have an influence on the election from 180 days before the election day to the election day.

Around 09:00 on February 11, 2020, the Defendant posted a notice in the manner of putting in the name of the G Party’s Do governor the D Party’s Do governor, which was located in the window E of Changwon-si, “on the front of the G Party’s Do governor, the Do resident and the citizen cannot be subject to early withdrawal for personal desire any longer than the Do governor’s own Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do governor’s Do.”

As a result, the defendant posted an advertising sign in order to influence the election from 180 days before the election day to the election day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Details of deposit transactions;

1. I press newspaper articles, J press newspapers articles;

1. Application of Acts and subordinate statutes to investigation reports (verification of the date of preliminary registration of Assembly members candidates);

1. Relevant Articles 256 (3) 1 (h) and 90 (1) 1 of the Public Official Election Act concerning criminal facts and the selection of punishment;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding 4,000,000 won;

2. Scope of recommending sentencing criteria: The fact that the sentencing criteria are not set.

3. The crime of this case in which the sentence of sentence is to be pronounced was inserted and posted by the Defendant’s campaign materials that criticize a specific political party and party, which affect the decision-making or decision of the elector in a manner that does not permit the Public Official Election Act.

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