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(영문) 부산지방법원 서부지원 2018.12.20 2018고합243
공직선거법위반
Text

[Defendant A] The defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Defendant

A 7 times nationwide simultaneous local elections conducted on June 13, 2018, is a person who was born to E party in the Busan Metropolitan City D constituency, and Defendant B and C are the seat of Defendant A.

No one shall distribute, post, spread, screen or run an advertisement, letter of personnel management, poster, photograph, document, drawing, printed matter, tape or other similar things, which contains the contents of support, recommendation or opposition of a political party or candidate, or which indicates the name of a political party or candidate, in contravention of the provisions of the Public Official Election Act, with the aim of influencing the election from 180 days before the election day to the election day.

Provided, That the same shall not apply to the act that the head of an election liaison office directly hands out the name cards of a candidate to the residents of an election district during the election campaign period, among one person designated by the candidate, his/her spouse and lineal ascendants and descendants, the head of an election affairs accompanying the candidate, his/her election affairs clerk, activities assistant, and persons accompanying the candidate,

1. On June 12, 2018, from around 11:20 to around 13:00 of the same day, Defendants A and B were in mind at the Busan FF’s support rate for Defendant A’s name, thus spreading out of the Busan FF to raise awareness that the defeat was anticipated, and carried out an election campaign using a string vehicle, while moving the name cards of Defendant A out of the vehicle to a dog or to an foot, and spread approximately KRW 1,300 of the Defendant A’s name cards by means of throwing the name cards of Defendant A on the road or on the road.

As a result, the Defendants conspired to spread the name in a way other than that provided in the Public Official Election Act in order to influence the election.

2. Defendants B and C’s joint crimes were committed from around 22:00 on June 12, 2018 to 23:57 on the same day with a view to spreading A’s name cards for the same reason as that set forth in paragraph 1 from the Busan FF to raising awareness, and Defendant C is G rocketing.

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