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(영문) 청주지방법원 2013.06.05 2013고합13

공직선거법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant is a member of a Party C.

No one shall conduct an election campaign prior to the close of such election campaign.

Nevertheless, from around 09:5 on December 19, 2012, the 19th presidential election day to around 10:05 of the same day, the Defendant carried out an election campaign by operating a E-to-pup motor vehicle attached to the back of the driver’s seat, which is a candidate for the 19th president (a.e., 52cc., 52cc.).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the Act and subordinate statutes of the 112 Reporting Case, such as examination of evidence, photograph of a candidate, certificate of party membership, certificate of seal impression A, election commission, guidance;

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

1. Articles 70 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. Scope of applicable sentences: Fines of 50,000 to KRW 6,000,000;

2. Scope of recommendations on the sentencing guidelines: Aggravating factor of a fine of KRW 1,00,000 or KRW 4,500,000 (special sentencing factors): Where he/she is imminent on the election day, the previous division (including fines): Reduction factor of a fine): The serious reflective factor: The crime committed by a person involved in an election [Scope of recommendations] as falling under the special aggravation factor of a violation of the election campaign period of a group of election crimes [Article 1,00,000 or KRW 4,50,000, because he/she constitutes a fine of KRW 1,000 or KRW 4,50,000 because he/she falls under the category of illegal

3. Determination of sentence: Punishment of a person who engages in an election campaign on the day of the election day by a fine of KRW 700,000 on the election day is likely to be carried out indiscreet election campaigns by candidates if permitted, because the election campaign on the day of the election is likely to have the most direct influence on the choice of voters. Therefore, prohibiting this from maintaining the peace and cooling situation on the day of election, thereby making the exercise of voting rights possible in an orderly and orderly manner, and on the day of election