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(영문) 전주지방법원 군산지원 2017.10.19 2017고합120

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant from January 5, 2017 to the same year.

4. A member of the Residential Self-Governing Committee in the Gun/Si of Busan, while a member of the Residential Self-Governing Committee established in the Eup/Myeon/Dong Residents' Self-Governing Center shall not be allowed to carry out an election campaign by the

Nevertheless, the Defendant registered as a member of the election affairs of the said candidate on April 16, 2017, with the intention to have the candidate E for the 19th presidential election, which is held on May 9, 2017, for the purpose of getting the candidate E to be elected. < Amended by Act No. 14837, Apr. 17, 2017>

4. From around 07:00 to around 09:30 and from around 17:30 to around 19:00, three election campaign were carried out, such as I, etc., of the Defendant’s seated vehicle in the military F, G, and H apartment street, to the place of election campaign, with the Defendant’s seated vehicle, following the election campaign: (a) the candidate’s E public relations cap and the ket are carried; and (b) the person is engaged in personnel affairs on the passing vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (report on recording of statement A by a suspect and attaching a transcript), investigation report (report on recording of statement by a witness who has carried out an election campaign together with the suspect and accompanying a transcript);

1. Sending answers, sending investigation cooperation materials, and list of persons related to election affairs;

1. The current status of the C residents' autonomous council members, C residents' autonomous council members and the ledger of persons related to election affairs;

1. Recording notes;

1. Application of each CD-related statute

1. Article 255 (1) 2 and Article 60 (1) 7 of the Act on the Election of Public Officials under the relevant Acts concerning facts constituting an offense (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 6 million won;

2. Scope of the recommended punishment according to the sentencing guidelines / [Determination of types] / Gun of election crimes, illegal election campaigns in violation of the election campaign period, and type 2 (Violation of Method of Election Campaign): Where the recognition of illegality is considerably weak, where the degree of violation of method of election campaign is insignificant. [Scope of recommended punishment] Special mitigation area: 250,000 won to 90,000 won.

3. Determination of sentence: A fine not exceeding 300,000 won;