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(영문) 창원지방법원 2019.01.17 2018고합200

공직선거법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 13, 2018, the Defendant was a relative relative to the Defendant who was a candidate C(s) for the election of local council members B throughout the 7th Dong-si nationwide election campaign.

Although the Defendant could not carry out an election campaign before the close of the election day, the Defendant carried out an election campaign by means of distributing three copies of the name cards of the C candidate, while engaging in personnel affairs to the electorates residing in the polling station established in the E Elementary School Sports Center in D from June 13, 2018 to 09:35 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Name cards;

1. Relevant photographs;

1. The application of Acts and subordinate statutes to report internal investigation (Attachment of images produced by a reporter);

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

1. Penalty fine of 300,000 won to be suspended;

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

1. The crime of this case with the reason for sentencing under Article 59(1) of the Criminal Act is not somewhat liable in that the Defendant distributed the name of the Defendant prior to the close of the election day in violation of the election campaign period as provided by the Public Official Election Act, thereby hindering fair competition among the candidates, and encouraging excessive election.

However, in light of the fact that the defendant recognizes a crime and commits a mistake, the number of circulations, etc., the degree of violation is minor, and the influence of the result of the election seems to be insignificant, and the defendant seems to have been minor, the age of 82 years old, health status is not good, the defendant is an initial crime, and other factors of sentencing as stated in the records and arguments of this case, such as character and behavior, environment, motive and means of the crime, circumstances after the crime, and degree of each crime, etc., shall be determined by a fine and the sentence shall be suspended.