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(영문) 대구지방법원 의성지원 2014.09.23 2014고합12

공직선거법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is the representative of D in Gyeongbuk, and E and F are the persons registered as preliminary candidates for the election of members of the 6th G Council implemented on June 4, 2014.

On April 17, 2014, the Defendant posted the following advertisements at the bottom of the left-hand side of No. 92 at the above D, and distributed approximately 3,00 copies to government offices, commercial buildings, etc. located in G around that time, thereby distributing a newspaper on which a candidate’s name was posted in order to exert an influence on the election.

H)지구(I, J, K, L, M) 군의원 후보 N정당 공천 E 예비후보 사무실 개소 ◎ 일시 : 2014년 4월 19일(토) 10시 ◎ 장소 : O G ’H‘선거구(JㆍIㆍKㆍMㆍL 군의원 무소속 F 예비후보 사무실 개소 ◎ 일시 : 2014년 4월 20일 10시 ◎ 장소 : P 증거의 요지

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes on advertisements posted D;

1. Relevant Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment (generality and choice of fines);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Imposition of a fine of 50,000 to 4 million won within the scope of the applicable sentences; and

2. Application of the sentencing guidelines [Determination of type] group of election crimes, violation of the election campaign period and illegal election campaigns, where a crime is committed using social status or influence (use of the position of journalist) in violation of the method of election campaign (the act of violation of the method of election campaign) and the previous division (the scope of recommendation type once) / [the scope of recommendation type] evaluation of special aggravation area, fine of KRW 1 million to KRW 4 million as a result of evaluation of special special siblings, there are two special persons, and the scope of punishment recommended in the sentencing guidelines (a fine of KRW 1 million to KRW 4 million) increased by 1/2, the scope of recommendation range recommended in the sentencing guidelines (a fine of KRW 1 million to KRW 6 million) is limited to KRW 4 million, but since the upper limit of punishment under the law is limited to KRW 4 million, the upper limit of punishment shall be determined. or April 1 to 6 of imprisonment with labor.