beta
(영문) 광주지방법원 순천지원 2019.01.10 2018고합216

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 24, 2016, the Defendant was sentenced to a fine of 1.5 million won for the violation of the Public Official Election Act in the Gwangju District Court's Netcheon Branch on November 24, 2016, and the said judgment was finalized on April 20, 201

A person who commits an election crime as provided in Chapter 16 Penal Provisions of the Public Official Election Act and is sentenced to a fine of at least one million won and for whom five years have not passed after the sentence becomes final and conclusive, shall not have the voting right and conduct an election campaign.

Nevertheless, around March 8, 2018, the Defendant published a letter “C”, “C”, “F”, and “H E market candidates” on 67 occasions in total, as indicated in the attached list of crimes, and published a letter to the Defendant’s 67 occasions from around that time to June 5, 2018, on the following: (a) the Defendant: (b) there was no time to see that: (c) there was a snow for our city; (b) there was no hump and hump; and (c) there was no hump in the real reality; and (d) there was no hump in the Defendant’s h market candidates.

As a result, the Defendant, even though he was unable to carry out an election campaign, carried out an election campaign with the intention of getting the H candidate elected in the 7th nationwide local election E market election.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (related to the I Party E, J, and K Regional Committee), investigation report (criminal record, judgment, fixed date, etc. of an election crime), investigation report (statistical statistics on candidates for H election in the E market);

1. A written accusation;

1. Application of the Acts and subordinate statutes concerning the closure of a sign language;

1. Article 255 (1) 2, Article 60 (1) 3, and Article 18 (1) 3 and (2) of the Public Official Election Act (generally and severally, choice of fines) concerning facts constituting an offense and the selection of punishment;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding six million won;

2. The scope of recommendations and punishments on the sentencing criteria [decision of types] shall be the election campaign period; and