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(영문) 광주지방법원 순천지원 2018.11.29 2018고합205

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant was elected at the 7th simultaneous local elections implemented on June 13, 2018, as a candidate for a constituency for another member of the Republic of Korea (election district E, F, G, H, I) with no affiliation.

No one shall carry out an election campaign before the voting ends on the election day.

Nevertheless, on June 13, 2018, the Defendant, a election day, carried out an election campaign by providing a large number of unspecified people with personal information for about 35 minutes prior to the third place of JJ, which was around 06:00, the election day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to L;

1. Application of internal investigation reports (Attachment of photographs by fixtures and caps), field photographs-related Acts and subordinate statutes;

1. Article 254 (1) of the relevant Act concerning facts constituting a crime and Article 254 (1) of the Act on the Election of Public Officials in Charge of the Selection of 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; and

2. Scope of recommended punishment according to the sentencing guidelines [type determination] There is no violation of the election campaign period (type 1) (limited to any person subject to special sentencing] for an election campaign in violation of the election campaign period (type 1). [Scope of recommended punishment] KRW 700,000 to KRW 1.5 million (basic sphere).

3. Determination of sentence shall include the following circumstances and the defendant's age, sex, environment, family relationship, motive, means and result of the commission of the crime, and the circumstances after the commission of the crime:

The favorable circumstances: The time for the election campaign to be carried out by the Defendant due to the police's restraint is not too long, and thus, the number of voters was not left. It seems that the crime of this case did not reach the degree that the election campaign of this case depends on the success of the election because the Defendant was elected as a large ticket.

The defendant shows his attitude to repent and reflect the crime of this case, and there is no record of criminal punishment prior to this case.