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(영문) 창원지방법원 2016.06.16 2016고합101

공직선거법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

C is a person who was elected as a candidate for E party in the 20th National Assembly election district implemented on April 13, 2016.

Except as provided for in the Public Official Election Act, no one shall distribute, spread, post, post, or attach a newspaper, communication, magazine, institution, organization, organ of facility, or other publication which carries an article related to an election, in a way other than ordinary ways, or reproduce and distribute, spread, post, or attach such article.

Nevertheless, the Defendant, at the Defendant’s house located in F on April 4, 2016 at around 17:00, added to G G G G G G G G GW (H) and private theory (I) on A4, produced printed materials by means of copying approximately 400 copies using multiple devices, and then at the J apartment guard’s office around 10:00 on April 5, 2016 at the J Apartment apartment security guards’ seat.

“At the end of the word “,” distributed one head of the above-mentioned incentive.

In addition, from that time until April 5, 2016, the Defendant distributed approximately 350 copies of the above inducements from L to April 5, 2016, such as the list of crimes in attached Table.

Accordingly, the Defendant copied the article about the election and posted it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Photographss of each CCTV recording data to be cut;

1. A protocol of seizure and a list of search and seizure;

1. The application of Acts and subordinate statutes, including reports on internal investigation (the analysis of DNA CCTV data), reports on internal investigation (the analysis of data on visual recording), reports on internal investigation (the verification of the fact of additional distribution of leaflets), reports on internal investigation (the addition of the distribution of leaflets), reports on internal investigation (the addition of additional CCTV photographs at the location of distribution of leaflets), and accompanying data;

1. Article 252 (3) and Article 95 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials (generally, selection of fines);

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 6 million won; and

2. The case in which the sentencing criteria are not applied; and