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(영문) 광주지방법원목포지원 2020.09.10 2020고합62

공직선거법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

From January 16, 2020 to April 8, 2020, the Defendant served as B passbook at the time of so-called “B”.

No one shall carry out an election campaign during his/her term of office, while the head of a Tong/Ri/Dong and the members of a residents' autonomous council established in a Eup/Myeon/Dong residents' autonomous council.

Nevertheless, around 15:00 on April 6, 2020, the Defendant carried out an election campaign in a manner that enables the candidate E to engage in an election campaign in front of the 21st National Assembly member D Party E, which is a mark of "No. 21 National Assembly member No. 300 on the old world in front of the C market ruling."

Summary of Evidence

1. Defendant's legal statement;

1. Responses to investigation cooperation and certificate of career experience;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article 255 (1) 2 and Article 60 (1) 7 of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. Scope of punishment by law: Fines of 50,000 to 6 million won;

2. Where the degree of violation of the methods of election campaigns is insignificant (where the degree of violation of the methods of election campaigns is minor (the area of recommendation and the scope of recommendation), mitigation area, and fine 50,000 won through 90,000 won.

3. The Defendant, as a head of a Tong, made efforts to ensure fair elections in a neutral position as well as the risk of undermining the fairness of election and the trust of the people by conducting election campaigns on behalf of a specific candidate despite the prohibition of election campaigns under the Public Official Election Act.

On the other hand, it seems that the defendant reflects the mistake, and that the defendant has no previous conviction beyond the same criminal record and fine, the time of the crime committed by the defendant is shorter, and the attitude, place, etc. of the defendant seems to have not or to have not had an effect on the election.