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(영문) 대전지방법원 논산지원 2018.10.22 2018고합50
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 defendant is a lineal ascendant or descendant of a candidate D in preparation for the election district C in the election of the local council members B of the local constituency nationwide, which was implemented on June 13, 2018.

No one shall visit door for an election campaign or for the solicitation of admission to a political party during the election period, and no one shall distribute, post, spread, screen or post an advertisement, letter of personnel management, poster, photograph, document, drawing, picture, printed matter, sound or video tape and others similar thereto, including the contents supporting, recommending or opposing a political party or candidate (including a person intending to become a candidate) from 180 days before the election day to the election day, or indicating the name of a political party or candidate's name, in violation of the Public Official Election Act, in order to influence the election.

From March 9, 2018 to May 2, 2018, the Defendant visited a house of approximately 125 households located in E for the election campaign of D from March 9, 2018 to May 2, 2018 to each house, and if there is a person inside the house, the Defendant “D intending to go to a Si Council”.

The phrase “D’s name cards were distributed,” and when there is no person in the house, put D’s name cards in mail or put them in capital.

Accordingly, the defendant visited each house for election campaign, and distributed printed matters indicating the name of the candidate in order to influence the election.

Summary of Evidence

1. Statement by the defendant in court;

1. A written answer to D;

1. Each certificate prepared by F, G, H, I, J, K, L, M, N,O, and P;

1. A written accusation against a violation of the Public Official Election Act;

1. Written estimate, etc.;

1. D's name cards for election campaign, photographs, mail boxes, etc. put in to mail boxes, etc.;

1. Application of Acts and subordinate statutes to each investigation report (the No. 21, 22, 24 of the evidence list);

1. Article 255(1)17 of the Act on the Election of Public Officials and Article 106(1) of the Act on the Election of Public Officials and Article 255(2)5 of the Act on the Election of Public Officials and Article 255(2)5 of the same Act on criminal facts.

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