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(영문) 광주지방법원 2015.01.09 2014고합550

공직선거법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant was the 6th local election of Dong-si Seoul Metropolitan City Council members of the Dong-gu Seoul Metropolitan City Council members of the Seoul Metropolitan City, which was implemented on June 4, 2014.

Anyone shall be prohibited from distributing, posting, spraying, showing or posting any advertisement, letter of personnel management, poster, photograph, document, picture, picture, printed matter, recording, video tape and others similar thereto, which indicate the name of a candidate, in an effort to influence the election from 180 days before the election day to the election day.

1. On May 18, 2014, from around 00:45 to 02:40, the Defendant put into Category D name 1,000, stating D’s career experience, such as “I will be a neighbor at the time of being kept in front,” and “I will like to put into the front,” and “I will like to put into the back,” the name cards of Category D, 1,000, stating D’s career experience.

2. On May 26, 2014, around 20:40, at the entrance of the general housing near the water market located in the Dong-gu, Gwangju Metropolitan City, five copies of the same name boxes as those of the preceding paragraph were inserted.

Accordingly, the defendant distributed a total of 1,005 name cards, which are printed in D's name, in order to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the photographic images distributed without permission of the name cards, and the collected name cards;

1. Article 255 (2) 5 of the Public Official Election Act and Article 93 (1) of the Public Official Election Act, each of the applicable provisions concerning criminal facts and the selection of punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with punishment prescribed for a crime of violating the Public Official Election Act due to distribution of name cards made on May 18, 2014, whichever is heavier);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: A fine not exceeding six million won;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Crime 1 at the Time of Sales) (Offense). An election shall be held in violation of an election campaign period and illegal election campaign.