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(영문) 서울서부지방법원 2013.08.16 2013고합122

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall obtain a signature or seal from an elector for an election campaign.

Nevertheless, on November 2012, 2012, the Defendant: (a) from D presumed to be a party member at a restaurant near Seoul Station, “E candidate is making efforts to be elected”; (b) upon request, the Defendant received a letter of request from the Chairman of the Central Committee for Countermeasures against Candidates E, the name, address, mobile phone number, career, and recommendation of the voters; and (c) received a letter of signature on which the name, address, mobile phone number, career, and recommendation of the voters were printed.

Then, on November 2012, 2012, the Defendant called “H” operated by the Defendant in Youngcheon-si G, Youngcheon-si, as “I would have to become E” and demanded I to sign the signature of I on the signature paper received from D.

In addition, the Defendant complained of the support for E in a total of 94 electorates from November 2012 to November 30, 2012, and was signed in the signature form.

Accordingly, the Defendant conspiredd with D to obtain a signature from the electorate for an election campaign for the candidate E of the 18th presidential election.

Summary of Evidence

1. Defendant's legal statement;

1. Recording notes;

1. One copy of the F organization’s signature details, the signature paper, the digital investigation team of the Daegu High Public Prosecutor’s Office’s digital investigation team “the mother-day analysis report”, and three copies of the photograph of the appointment;

1. Application of Acts and subordinate statutes requesting investigation into violations of the Public Official Election Act;

1. Article 255 (1) 18 and Article 107 of the Public Official Election Act, and Article 30 of the Criminal Act (Selection of Fine) concerning facts constituting an offense;

1. Reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for attracting partners in a workhouse;

1. Criteria for sentencing [Determination of type] There is no violation of the method of election campaign in violation of the election campaign period and illegal election campaign (a person specially punished] (Scope of recommending punishment] (a fine of KRW 700,000 or KRW 2 million);

2. The crime of this case in which the defendant was sentenced shall be elected by a specific President from the electorates; and