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(영문) 수원지방법원 2016.06.02 2016고합210

공직선거법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant, as a party member B, is the chairperson of the travel club "D" formed by residents of the area C in Suwon-si as a main axis, and as a member of the same travel club, the defendant was preparing for a competition in the constituency E at the 20 total number of households, desiring to leave the constituency E at the same time.

B The person who supports the proportional representation of the National Assembly members is proportional representative F.

On February 20, 2016, around 12:50 on February 20, 2016, the Defendant made a personnel statement to 80 members of the “D” member who was going in a cafeteria located in the Z “H” restaurant located in Cheongyang-gun, Chungcheongnamyang-gun, and “F Council members were written in writing and did not meet the schedule;

I would like to communicate the fact that the crime is transmitted in lieu of the statement;

F Council members with light lines at the beginning of March 1, 200;

The term "indeption" was called "the election campaign in the political party" for F by means other than those prescribed by the election law of the public office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to internal investigation reports (referring to the attachment of recorded files CDs and notification of the content of recording), investigation reports (referring to the current status of registration of candidates in preparation for E constituency);

1. Article 255 (2) 3 and Article 57-3 (1) of the Act on the Election of Public Officials in Charge of Crimes and Articles 255 (2) 3 and 57-3 (Selection of Penalty) of the Election of Public Officials;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 59 (1) of the Criminal Act of the suspended sentence;

1. The range of punishment by law does not exceed four million won;

2. Scope of the recommended punishment for the sentencing guidelines [the types of decisions] [the scope of the recommended punishment] 50,000 won or 90,000 won in a mitigated area where the degree of violation of the method of election campaign is insignificant (the decision in the recommended area].

3. The Defendant’s decision of the sentence to be suspended recognized the instant crime and opposed to the instant crime, and the instant crime complained of support for one of the members of the group of friendship club verbally, and even in light of the legislative intent of the Public Official Election Act, the means and content are unlawful.