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(영문) 춘천지방법원 강릉지원 2016.07.14 2016고합38

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

The defendant is the head of the 20th National Assembly candidate D in preparation for the election district in the 20th National Assembly on April 13, 2016.

No one shall install, display, display, or distribute publicity materials, such as wreaths, wind lines, signboards, placards, advertising balloons, advertising balloons, other advertisements, advertising facilities, etc., except for those prescribed by the Election of Public Officials Act, in order to influence the election from 180 days before the election day to the election day.

Nevertheless, between December 31, 2015 and January 4, 2016, the Defendant: (a) from around December 31, 2015 to around January 4, 2016, on the outer wall of the building of the 2nd floor of the E-building building, the Defendant, along with the upper half of the building of the E-building’s body pictures, changed the name of the regional economy that

A signboard was installed in the form of a banner on which the phrase “ID doctor 1D and F Party preliminary candidate supporters’ association office for National Assembly members” was printed.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as placards and photographs installed at the supporters' association office;

1. Article 256 (3) 1 (h) and Article 90 (1) 1 (excluding punishment) of the Act on the Election of Public Officials under the relevant Act on Criminal facts;

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 5 to 4 million won;

2. Non-application of the sentencing criteria: With respect to Article 256 of the Act on Election of Public Officials, the sentencing criteria shall not be set.

3. The Act on the Election of Public Officials provides that an election shall be strictly punished in order to ensure that the election is held fairly in accordance with the free will of the people and democratic procedures. However, the instant crime is not easy in that the Defendant, who is in the position of the president of a preliminary candidate’s supporters’ association, may affect the decision-making or decision of the voters in a manner that does not allow the law, thereby impairing the fairness of the election.