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(영문) 창원지방법원 거창지원 2016.10.06 2016고합24

공직선거법위반

Text

Punishment on the accused shall be determined by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

From 15:37 on February 1, 2016 to 15:41 on the same day, the Defendant, while driving a motor vehicle B around the 15:37 to 15:41 on the street in the same Eup/Myeon from the vicinity of the Dognam-gun, Chungcheongnam National Assembly member is no longer entitled to represent Gun citizens if he/she wishes to run a prison in the same Eup/Myeon by using a loudspeaker system installed on the said motor vehicle. A National Assembly member outside regional development need not be a member of the National Assembly; a member of the National Assembly who is outside regional development shall not be opposite to the member of the National Assembly; a member of the National Assembly who is a member of the 20th National Assembly, which was enforced on April 13, 2016, carried out an election campaign by using a motor vehicle and loudspeaker to be disadvantageous to C who is a preliminary candidate for the

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Application of each Act or subordinate statute of a report on internal investigation (report, such as attachment of moving images and voice files), investigation report (verification of CCTV for crime prevention, recording of video recording files for crime prevention, and attachment to C candidate answers);

1. Article 255 (2) 4, Article 91 (1) (a violation of restrictions on the use of loudspeaker systems) of the Public Official Election Act concerning facts constituting an offense, and Articles 255 (2) 4 and 91 (3) (a violation of restrictions on the use of motor vehicles) of the Public Official Election Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crime of violating the Public Official Election Act due to a violation of restrictions on the use of heavy loudspeaker systems, the quality of which is more severe;

1. Selection of fines;

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 Act with regard to the order of provisional payment;

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won;

2. There is no basic area (referring to KRW 700,00 or KRW 2 million) (referring to a person specially raised) of the basic area (referring to a violation of methods of election campaign) for the election campaign in violation of types 2 (Methods of Election Campaign) in violation of the election campaign period, within the scope of recommended sentences according to the sentencing guidelines.

3. Determination of sentence: A sentence of a fine of KRW 80,000 shall be determined by the Defendant together with its members, together with the Committee for Countermeasures against Military Victims against Descopic Prisons.