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(영문) 대전지방법원 홍성지원 2014.12.18 2014고합96
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

In order to have an influence on the election from 180 days before the election day to the election day, anyone cannot install, display, post, or distribute any wreath, balloon, signboard, placard, advertising balloon, advertising balloon, other advertising material, or facilities except as provided for in the Public Official Election Act. However, the Defendant posted an advertisement on the outdoor electronic sign board owned by New Zealand located on B from around 15:00 on May 30, 2014 to 21:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation by telephone;

1. Electronic sign board photographs, and e-mail sent by the suspect to female employees;

1. Application of statutes;

1. Article 256 (3) 1 (h) and Article 90 (1) 1 of the Public Official Election Act concerning facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing order of provisional payment is to strictly restrict election campaign methods in order to ensure that elections are fair in accordance with the free will of the people and democratic procedures.

The crime of this case is deemed to have been committed in an imminent manner on the election day, and the nature of the crime is not weak in that it may affect the election of the F market, and there is a little possibility of criticism when considering the social status and role of the defendant as a journalist.

However, the contents posted by the defendant on the electronic display board are summarized as a summary of the contents of the G organization's name published on the morning on the day, and the defendant has already posted the same contents on the electronic display board after the article of New Sys had already been reported and omitted from the subject of the publication of the statement, and the defendant has received the call from the personnel of the election commission that it constitutes a violation of the Election Act at F.

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