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(영문) 대구지방법원 김천지원 2018.10.30 2018고합73

공직선거법위반

Text

Punishment on the accused shall be determined by a fine of KRW 500,000.

When the defendant does not pay the above fine.

Reasons

Criminal facts

On June 13, 2018, the Defendant driven a 7-time election vehicle of candidate D in the City of Local Election C at the same time throughout the country.

No person shall conduct an election campaign using any recorder or video recorder, etc. at an open place, except where a candidate, etc. makes a speech or interview at such place.

Nevertheless, from around 05:00 to around 05:10 on June 5, 2018, the Defendant stopped a candidate’s electoral vehicle for the election of the candidate who was driven even though the candidate did not have any speech or interview, such as in the E distance, D, etc., but did not have any interview or interview at the site, and then opened a tape recorder attached to the above vehicle, and opened a public summary “F” to appeal for the support of the D candidate (hereinafter “G Party No. H is only D, trusted and trusted, and economic development is only D, and verified as D,” etc.).

Accordingly, the defendant did not follow the provisions of the Public Official Election Act but carried out an election campaign using a tape recorder.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal accidents, etc. and investigation reports (limited to election vehicles and photographs of sound devices);

1. Article 255 (2) 6 and Article 100 of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials;

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 50,000 to 40 million won;

2. Where the scope of a recommended punishment on the sentencing criteria [the types] [the scope of a recommended punishment] 70,000 won to 70,000 won or 20 million won where the recognition of illegality of an election campaign is significantly weak where the type 2 (Violation of Methods of Election Campaign) (Special Aggravation) or an unspecified number of other parties are involved in an election campaign in violation of the election campaign period during the election campaign period.

3. Determination of sentence: The defendant shall make a speech or interview at the road intersection in the vicinity of a large number of multi-family housing units.