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(영문) 울산지방법원 2015.01.09 2014고합347

공직선거법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 4, 2014, the defendant was in charge of the chairperson of the supporters' association at the E election office, which is a preliminary candidate for the head of the Dong-si Local Election C., the 6th nationwide local election campaign.

In the intra-party competition for which a political party grants the right to vote to any party member and any person other than a party member, the act of establishing an election campaign office under the provisions of Article 61 (1) and the proviso to Article 61 (6) of the Public Official Election Act, installing and posting the signboard, board or placard at the said election campaign office, and sending only once the promotional materials of one kind prepared by any candidate for the intra-party competition, and the political party shall not conduct any competition campaign using any means other than indoor meetings of the political party, such as holding the joint speech meeting

The Defendant: (a) around March 24, 2014, at the above E election office located in the nineth floor of Ulsan F building, had an unqualified customer visiting the said office using a Gphone installed in the said office make a phone call to H users; and (b) had a promotional telephone call for a preliminary candidate to the effect that “Preliminary candidate E is good, i.e., the head of C., the head of C., would have a good, good, good, good, good, good, good, good.”

5. Until January 1, 200, the above E-preliminary competition campaign was conducted in a way other than that provided for in the Public Official Election Act by calling for a total of 2,138 persons, as shown in the list of crimes, using four telephone units established in the above election office.

Summary of Evidence

1. Defendant's legal statement;

1. Attachment of the details of each currency;

1. Application of Acts and subordinate statutes to each investigation report (No. 31, 32, 33, 42 No. 31 of the evidence list);

1. Article 255 (2) 3 and Article 57-3 (1) of the Public Official Election Act (referring to generality and choice of fines) concerning facts constituting an offense;

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. The scope of applicable sentences by law: fine of four million won; and