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(영문) 수원지방법원 안산지원 2016.05.27 2016고합89
공직선거법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 13, 2016, the defendant was working as a volunteer of the election campaign office of "E registered as a preliminary candidate for a local constituency D" in the election of the 20th National Assembly member who was carried out on April 13, 2016.

No one shall distribute, post, spread, screen, or run a document, etc. indicating the name of a political party or candidate or a document, etc. in which the support, recommendation, or opposition is included, or the name of a political party or the name of a candidate is indicated, with the aim of influencing an election from 180 days before the election day to the election day, and conduct an election campaign before the election campaign period.

그럼에도 불구하고 피고인은 2016. 1. 20. 경부터 같은 달 27. 경까지 F 건물 등 24개 상가 건물의 각 호별 우편함에 제 20대 국회의원 선거에 C 정당의 안산시 D 지역구 예비 후보자로 등록한 'E' 의 선거 명함( 길이 9cm × 너비 5cm, 안산 D 국회의원선거 G 사람을 바꿔야 정치가 바뀝니다!

E) approximately KRW 1,00 inputs.

As a result, the defendant distributed or spreads documents that are not in accordance with the Public Official Election Act in order to influence the election, and carried out an election campaign before the election campaign period.

Summary of Evidence

1. Statement by the defendant in court;

1. Responses to fingerprinted results at criminal scene;

1. Application of the Acts and subordinate statutes on video data in cases of photographs, name cards, 2-types, and 604-type photographs of each place of distribution of name cards, and CCTV in cases of distribution of suspect cards;

1. Article 254 (2) of the Act on the Election of Public Officials under the relevant Act on the Election of Public Officials (referring to occupation and comprehensive election campaign), Article 255 (2) 5, and Article 93 (1) of the Public Official Election Act on the crime (including occupation and comprehensive distribution of documents by unlawful means);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a person who violates the Public Official Election Act due to the distribution of documents by any method heavier than the criminal administration);

1. Selection of an alternative fine for punishment;

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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