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(영문) 서울서부지방법원 2016.11.23 2016고합231
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

On April 13, 2016, the Defendant is a person registered as a preliminary candidate for the Seoul metropolitan constituency D Party on December 18, 2015 in order to participate in the election for the 20th National Assembly members on April 13, 2016.

No person shall make a house-to-house visit for an election campaign.

Nevertheless, on January 4, 2016, the Defendant visited the 6th floor general affairs department office of the F-gu Office in Seoul, and visited the D Party G workers for election campaign at the office with the 6th floor general affairs department of the F-gu Office in Seoul, and visited the 11 office of the F-gu Office and the F-gu Council office where it is impossible for unspecified civil petitioners to freely visit, such as the list of crimes in the attached list.

Accordingly, the defendant made a door-to-house visit for election campaign.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to I, J, K, L, M, N, andO;

1. Partial statement of the police record on P;

1. A copy of each police statement made to Q and R;

1. Each protocol of seizure;

1. The application of Acts and subordinate statutes to cover documentary evidence photographs, evidence-to-door photographs from A candidate F-gu office, internal investigation reports (to-be distributed letters, and accompanied by a hallway photo of the F-Gu Council), to attach investigation reports-to-investigation data on CCTV analysis on the sixth floor of the F-Gu Office, to investigation reports (Attachment of office drawings and photographs of space exclusive for civil petition affairs), and to reports on internal investigation (Attachment of photographs of the director-general);

1. Article 255(1)17 of the Public Official Election Act and Article 106(1) of the Act on the Election of Public Officials (as to the point of each door-to-door visit, and as to the door-to-door visit as of January 4, 2016, including the point of each door-to-door visit, the choice of each fine);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment stipulated in the Public Official Election Act as of January 4, 2016, heavier punishment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Each office visited by the Defendant within the Fgu Office and the F Council shall be door-to-door visits.

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