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(영문) 창원지방법원마산지원 2020.11.20 2020고합60
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 13, 2020, the Defendant registered as a preliminary candidate on March 13, 2020, a member of the C Council (C E-election) who was elected by the F Party.

No one shall distribute, post, spread, play, or run an advertisement, letter of personnel management, poster, photograph, document, picture, picture, picture, printed matter, printed matter, recording, video tape and others similar thereto, which include contents supporting, recommending, or opposing a political party or candidate, or which indicate the name of a political party or candidate's name, in order to influence the election from 180 days before the election day to the election day.

On the other hand, a preliminary candidate may directly provide his/her name, photograph, telephone number, academic background, career, and other matters that require publicity, or appeal for support, within a size of 9 centimeters or less in width, but this shall not apply where he/she is inside a ship, regular passenger vehicle, train, electric vehicle, or aircraft, inside the entrance of a terminal, station, or air port, inside a hospital, religious facility, or theater, or appeal for support.

Nevertheless, at around 12:10 on March 2, 2020, the Defendant completed a course at the entrance of the H principal hall, which is a religious facility located in Gyeongnam G, for the election of the Defendant, and distributed 15 copies of the name of the Defendant’s academic background, career, etc. on the front, along with the Defendant’s photograph, “F parties, the power of the Republic of Korea, one of the Republic of Korea, and F political parties,” printed on the front, and distributed 15 copies of the name of the Defendant’s academic background, career, etc. on the back.

Accordingly, the defendant distributed printed matters indicating the name of the political party or the candidate's name without the Public Official Election Act in order to influence the election.

Summary of Evidence

1. eight copies of each police statement of the defendant to the J's legal statement of the defendant, a photo, a photo of the HH branch's surroundings, and on-site photo.

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