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(영문) 창원지방법원 진주지원 2014.11.07 2014고합108

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

The Defendant is a person who operates C from July 2012.

On April 2014, at the C Office located in D, the Defendant contained the front and rear side of F, which is a preliminary candidate of E Si Council members, in the lower part of C’s homepage “6.4 local election column” operated by the Defendant, and posted a notice for about ten days so that many unspecified people can view it.

Therefore, even though the defendant is not a candidate, the defendant made an advertisement for the election campaign on the Internet homepage of the Internet press agencies, and carried out an election campaign for F prior to the election campaign period.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on internal investigation, report on internal investigation (EM and telephone conversations at C Compilation) and investigation report (C Internet press organization verification as to whether such report falls under the C Internet press organization);

1. Articles 252 (1), 82-7 (5) and (1) (Occupancy of Internet advertisements) of the Public Official Election Act concerning criminal facts and Article 254 (2) of the Public Official Election Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a crime of violating the Public Official Election Act due to any Internet advertisement heavier than the punishment);

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a case where the defendant, who operates an Internet newspaper company, carried out an election campaign through Internet newspapers, and there is no evidence to recognize that the defendant and the candidate involved in an illegal price in addition to personal figures, there is no previous conviction except for one fine due to the crime of violating the Motor Vehicle Management Act, and the defendant is recognized as having committed an offense and has a depth of his mistake, taking into account the circumstances favorable to the defendant.