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(영문) 전주지방법원 2017.09.22 2017고합154

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall conduct an election campaign using a motor vehicle, and conduct an election campaign using a positive device, except where he/she is used for a speech, interview or debate, etc. provided for in the Election of Public Officials Act.

Nevertheless, from around 14:00 to 18:30 on May 6, 2017 to around 18:30, the Defendant carried out an election campaign for the candidate F in the 19th presidential election, such as: (a) the Defendant, at the time of Kim Jong-si’s election, carried out an election campaign for the purpose of candidate F by using a confirmation device installed in the D1 ton vehicle for the purpose of collecting and collecting the Defendant’s possession; (b) the Defendant: (c) elected a clean president who was not recognized by the reverse president; (d) elected the Kim Jong-do, by affixing the F; and (e) by young students, who were not in the house and students left the Kim system.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Detailed statement of requests for cooperation in investigation, replies to requests for cooperation in investigation, and reports processing 112;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 255 (2) 4, Article 91 (1) (the fact of violating the restrictions on the use of positive devices) of the Act on the Election of Public Officials, Article 255 (2) 4, and the main sentence of Article 91 (3) (the fact of violating the restrictions on the use of automobiles) of the Act on the Election of Public Officials concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who violates the restriction on the use of his/her sexual device heavier than the nature of the crime);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. Whether to apply the sentencing criteria: [Types of Determination] Basic area [Determination in the sphere of recommendation] of types 2 (Violation of Method of Election Campaign) [Determination in the sphere of recommendation] of the election campaign period, 70,000 won to 2 million won.

3. Determination of sentence: A fine of KRW 1.5 million is imposed on a vehicle owned by a defendant in violation of the provisions of the Public Official Election Act.