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(영문) 대구지방법원 포항지원 2019.02.14 2018고합103
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant was elected on June 13, 2018 by withdrawing as a candidate to a member of the Do Council to which the C political party belongs in the election of a member of the Do Council nationwide Dong-si Local Election.

1. No one shall conduct an election campaign by means of propaganda facilities or tools, various printed matters, broadcasting, newspapers, news communications, magazines, other publications, campaign meetings, discussion meetings, debate meetings, native folks meetings, alumni meetings, neighbors' meetings, other assemblies, information and communications, the establishment of an election campaign organization or private organization, door-to-door visits and other methods, except as otherwise provided for in the Public Official Election Act, prior to the election campaign period;

Nevertheless, on March 14, 2018, between 15:30 on the same day and 17:00 on the same day, the Defendant visited the Erode Party, the Frode Party, the Grode Party, the Hrode Party, and the Irode Party in D at once, and distributed approximately one hundred and fifty copies of the report on parliamentary activities to the senior citizen center members who were in the place of election, arguing for support in the election, “I have come to the seat of the Do Council at once. There has been a change in the local area. It has been well requested.”

Accordingly, the defendant carried out an election campaign in a way that is not prescribed in the Public Official Election Act before the election campaign period.

2. A local council member who has reported on parliamentary activities before an election shall not report the parliamentary activities by means other than posting on an Internet homepage or its bulletin board or page room, etc. or transmitting e-mail text messages, regardless of the pretext thereof, on his/her duties or by other means from 90 days before

Nevertheless, around 19:00 on March 28, 2018, the Defendant distributed a report on his parliamentary activities to six persons of the same day who provided meals together while eating at the K cafeteria located in J, and provided six copies of his report on his parliamentary activities on the new restaurant, and provided six copies of his report on his parliamentary activities to many unspecified customers who found the restaurant.

Accordingly, the defendant from 90 days before the election day to the election day.

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