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(영문) 대구지방법원 상주지원 2018.11.15 2018고합26

공직선거법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who was released as a candidate for the election B nationwide simultaneous local election, which was held on June 13, 2018.

Except as prescribed by the Public Official Election Act, no election campaign shall be carried out by means of door-to-door visits, etc. prior to the election campaign period.

Nevertheless, on April 23, 2018, at around 11:50, the Defendant visited the building project department, general affairs department, traffic department, and office of the Ycheon-gun Office of Yecheon-gun, 111, the Chungcheong effect of Yecheon-gun, Chocheon-gun, Chocheon-gun, Chungcheongnam-do, and distributed the name of the preliminary candidate to the public officials and distributed the name of the preliminary candidate to the public officials.

I shall well request.

“An appeal for support” was lodged.

Accordingly, the defendant provided a preliminary election campaign by visiting offices of the Ycheon-gun Office in order to conduct an election campaign.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to C, D, and E;

1. Application of Acts and subordinate statutes to the general affairs of, and visit to, the office in the Yacheon-gun, photographs of a preliminary candidate, and guidance for office buildings in the Yacheon-

1. Article 49 (1) of the relevant Act and the Local Education Autonomy Act concerning facts constituting an offense, and Article 254 (2) of the Election of Public Officials Act (excluding 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. Scope of applicable sentences under law: Fines of 50,000 to 4 million won;

2. Where the degree of violation of the method of election campaign is insignificant (the scope of recommended areas and the scope of punishment), mitigated area, a fine of KRW 300,000 to KRW 90,000,000, as prescribed in Category 1 (Violation of the Election Campaign Period) (person with special mitigation) of the Act on the Election Campaign in violation of the said Act.

3. Determination of sentence: The crime of this case by a fine not exceeding 50,000 won shall be deemed to have carried out a prior election campaign by door-to-door visit in connection with the election for simultaneous local elections B at the seventh times, except as otherwise provided for in the Election for Public Offices Act, and the prior election campaign, other than as provided for in the Election for Public Offices Act, shall be governed by the Election for Public Officials Act, which