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(영문) 울산지방법원 2018.12.21 2018고합259

공직선거법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendants are seven simultaneous local election clerks who are candidates for the head of the Gu of the local party Ethy nationwide in June 13, 2018, which was implemented on June 13, 2018.

No one shall distribute, post, spread, screen, or display any advertisement, letter of personnel management, poster, photograph, document, drawing, drawing, printed matter, or any other things similar thereto, which includes contents supporting, recommending, or opposing a candidate in order to influence an election from 180 days before the election day to the election day.

1. On June 6, 2018, Defendant B returned to G Apartment G apartment 104 Dong and 105 Dong Dong around June 6, 2018, and distributed the above F’s name cards for election campaign to the head of the above F’s election campaign at the entrance of the above apartment, by sticking to the mail or dividing them to residents.

2. Defendant A and the Defendants conspired, from June 6, 2018 to June 16:30, 2018, and returned to H Il-Jump, Hadra and commercial areas, and distributed Chapter 485 of the F’s name tag for election campaign to the front glass of the vehicle parked in the place, or spread on the street, by placing it on the street.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of each internal investigation report, list of seizure and protocol of seizure;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A and C: Articles 255(2)5 and 93(1) of the Election of Public Officials Act, Article 30 of the Criminal Act, and the choice of fines

B. Defendant B: Article 255(2)5 and Article 93(1) of the Election of Public Officials Act; Selection of fines

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

1. Article 48 (1) 1 of the Criminal Act for forfeiture;

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

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] shall be limited to the aggravated factors of two types (violation of the method of election campaign) [the person subject to special sentencing] (where the election day is imminent, it shall be limited to unspecified persons or many other parties).