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(영문) 수원지방법원 2016.06.30 2016고합261

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant is a person registered as a preliminary candidate in the election district of the 20th National Assembly member which was implemented on April 13, 2016.

No preliminary candidate shall provide name cards or appeal for support in the subway stations and other open places where many people prescribed by the Rules of the Central Election Management Commission pass or gather, within the subway stations.

Nevertheless, on March 9, 2016, from around 06:40 to 07:01 on the same day, the Defendant distributed a name tag of 100 to the Defendant against those who use the subway in the Dong-si D’s status election.

Accordingly, the defendant distributed documents by illegal means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of E and F;

1. Application of on-site photographs, CCTV images, and ground plans and statutes;

1. Article 255 (2) 5 and Article 93 (1) of the Act on the Election of Public Officials under the relevant Acts concerning facts constituting an offense;

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 the recommended punishment on the sentencing guidelines / [Determination of type] Gun of election crimes, violation of the election campaign period and illegal election campaigns, and the type 2 (Violation of Method of Election Campaign) [Scope of the recommended punishment] None [Violation of Method of Election Campaign] [Scope of the recommended punishment] basic area, fine of not less than 70,000 won and not

2. The crime of this case in which the Defendant, as a preliminary candidate for the election of National Assembly members, distributed the name of the Defendant in violation of the methods of election campaigns as provided in the Election of Public Officials Act, and such act is not less likely to impair the legislative intent of the Election of Public Officials Act and affect the free decision-making of voting by the voters, thereby undermining the fairness of election.

However, it is relatively small that the quantity of the circulation box is relatively small, that the defendant recognizes the crime and reflects it, and that the defendant excluded from the competition line in the party and has an influence on the election.