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(영문) 광주지방법원 순천지원 2016.09.08 2016고합139

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 the head of the Diplomatic Association in C at the time of leisure.

The Defendant at his house located in E on April 13, 2016, around 08:48, at the time of drinking on April 13, 2016, to G, who is a pastor of F.C., the F.C. “Emergency No. H I Election, J. K candidate, L candidate, and organization support declaration related to L candidate Newcheon. Up to 19 copies, the Defendant shall be notified by telephone and text to his gender.

In the text message of “M”, 144 women in the leisure region, including the persons related to “M” as organizations related to Shincheon-gu, sent the text message together with a photo of the “responding appeal to female citizens” to support the said K and L, and then sent the same text message to O to the Nuriwon on the same day at around 09:31.

Accordingly, the Defendant carried out an election campaign to promote the fall of the candidates for K and J-elections on the day of the election day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of Q Q;

1. A report on internal investigation (in case of paragraph (1), the notification to the election commission of investigative data);

1. Application of the Acts and subordinate statutes to the list of letters sent, text contents, and data on telephone conversations;

1. Relevant Article 254 (1) of the Public Official Election Act and Article 254 (1) of the Public Official Election Act concerning criminal facts;

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. The scope of punishment by law: Fine not exceeding 6 million won;

2. Scope of recommendations on the sentencing criteria [the scope of recommendations] [the scope of punishment imposed] for a violation of types 1 of the election campaign period and illegal election campaigns [the scope of recommendations]: A fine of 700,000 won to 1.5 million won.

3. Although the current Public Official Election Act prohibits the exercise of voting rights in an orderly and orderly manner by maintaining the peace and coolingness on the election day, and the election campaign on the day of election so as not to interfere with the free and reasonable decision-making of electors, the instant crime is committed by the following organizations: (a) the Defendant’s organization is suspected to be a specific candidate on the day of election.