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(영문) 의정부지방법원 고양지원 2016.09.09 2016고합117

공직선거법위반

Text

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

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

Reasons

Punishment of the crime

[criminal records] On May 31, 2016, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for interference with business by the District Court, and the judgment became final and conclusive on June 8, 2016.

[Criminal facts] Defendant is the chairman of the Dong-gu Seoul Special Metropolitan City Relocation Measures.

No one shall install a banner except for those as prescribed by the Election of Public Officials Act, in order to have an influence on the election from 180 days before the election day to the election day.

Nevertheless, the Defendant, at around 19:00 on April 7, 2016, declared that he support and declared candidates for National Assembly members H in total for the development of C at three places in total, such as the distance preceding 4 points in front of the 19:00 Sinsan-dong-gu D3 complex, Mangsan E entrance and the entrance of F elementary schools.

“A banner was installed with the content of “”.

Summary of Evidence

1. Statement by the defendant in court;

1. Situation report;

1. A written accusation for the preparation of the Gyeyang-gu Election Management Committee;

1. Application of statutes on on-site photographs and receipts for the production of banners;

1. Relevant Article of the Act and Article 256 (3) 1 (h) and Article 90 (1) 1 of the Election of Public Officials for the Selection of Punishment for Criminal Facts (Selection of Punishment) of the Act on the Election of Public Officials;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in the crime of violating the Election of Public Offices Act due to the installation of banner at the entrance of Busan E, which is the largest between violations of each Act on Election of Public Offices, and the aggravated punishment for concurrent crimes);

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 punishment by law: A fine not exceeding six million won;

2. With respect to Article 256 of the Act on the Election of Public Officials, the scope of the recommended punishment according to the sentencing criteria, the sentencing criteria shall not be set;

3. Determination of sentence: The instant crime with a fine of one million won is equipped with three placards specifying the contents that the Defendant may have an influence on the result of election, in order to maintain fairness in the election procedure.