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(영문) 수원지방법원 여주지원 2014.08.14 2014고합47

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On March 24, 2014, the Defendant registered as a preliminary candidate to the National Election Commission on March 24, 2014, as a member of the Si Council in the constituency D Special Metropolitan City, but did not receive official fines, and the six-time nationwide local election campaign period is from May 22, 2014 to June 3, 2014.

No preliminary candidate shall give any name cards, etc. stating his/her name, etc. or appeal for support within a religious facility, which is an open place where many persons come to and gather.

Nevertheless, around April 13, 2014, prior to the election campaign period, around 11:00, the Defendant delivered to the members of the above church about 50-60 copies of printed articles of the size of the name tag, on which the Defendant’s photograph, educational background, career, etc. are recorded, within the F Educational Association Parking Lots and the site located E, E in the Dongcheon-si.

Accordingly, the defendant carried out an election campaign in a way other than that prescribed in the Public Official Election Act before the election campaign period.

Summary of Evidence

1. Defendant's legal statement;

1. A list of preliminary candidates in the Central Election Statistics System;

1. Results of the Ctv Cd Verification of this Court

1. Defendant’s photograph and field photograph who distributes name cards;

1. Application of the law to Defendant’s name cards

1. Relevant provisions concerning criminal facts and Article 254 (2) of the Public Official Election Act for the selection of punishment;

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

2. Scope of recommended sentences according to the sentencing guidelines [decision of types] ; election campaign in violation of the election campaign period; election campaign in violation of the election campaign period; and reduction factors: Where recognition of illegality is considerably weak (Scope of recommended sentences); reduction areas; fine of KRW 300,000 or KRW 900,000;

3. Determination of sentence: In light of the legislative intent of the Public Official Election Act that strictly regulates the period, method, etc. of election campaigns for the fair election of a fine of KRW 700,00,000, the defendant's liability cannot be deemed to be minor;

However, the defendant's mistake.