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(영문) 창원지방법원 2017.08.24 2017고합153
공직선거법위반
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

A person in whose case five years have not passed since he/she was sentenced to a fine of at least one million won due to a violation of the Public Official Election Act as of the election day, and the person who has no voting right, and a person who has no voting right, shall not

On August 10, 2016, the Defendant was sentenced to a fine of one million won due to a violation of the Public Official Election Act in the Changwon District Court Branch branch on August 10, 2016, and the sentence became final and conclusive on October 27, 2016, and is a person who has no voting right at the time of the 19th presidential election implemented on May 9, 2017, and is unable to conduct an election campaign.

Nevertheless, on March 2, 2017, the Defendant, using a mobile phone at the Defendant’s residence or the Defendant’s office located in the Chang Sea-si, which was located in the Gu of Changwon-si on March 2, 2017, issued the Internet NAV’s photograph to “B BBD” along with the Defendant’s photograph of the 19th presidential election C.

떴다 떴다

D Day Aralyra

The Defendant’s election campaign was carried out by posting a total of 295 posts, such as letters, photographs, videos, etc. that support or advertise the Defendant’s candidates from the above date to April 10, 2017, as shown in the list of crimes in the attached Form, including election campaign, by posting the contents of “Korean President Dok”, and by posting a total of 295 posts, such as letters, pictures, and videos.

Summary of Evidence

1. Statement by the defendant in court;

1. Data evidencing up-to-door posts (No. 1-1), NAV (B) evidentiary data evidencing up-to-face posts (No. 1-2), and NAV (EN) posts (No. 1-3);

1. Previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the date of confirmation of a violation of the Act on Election of Public Officials by Suspect), and documents attached thereto, and application of each statute of the judgment;

1. Article 255 (1) 2, Article 60 (1) 3, and Article 18 (1) 3 of the Act on the Election of Public Officials in Charge of the pertinent Act and the Selection of Punishment for Specific Crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the term "elbs changed from military personnel to a public prosecutor on April 10, 2017).

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