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(영문) 대전지방법원 2014.11.27 2014고합378

공직선거법위반

Text

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

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

Reasons

Punishment of the crime

Defendant

A was registered as a preliminary candidate on February 21, 2014 to run in the election of the members of Daejeon Metropolitan City, which was implemented on June 4, 2014, and Defendant B is the election campaign manager of the above election campaign office.

No one shall distribute printed matters, etc. supporting candidates in order to influence the election from 180 days before the election day to the election day, and even if a preliminary candidate is a preliminary candidate, he/she shall not deliver printed matters, etc. at a public place where many people travel or gather, such as inside a religious facility.

Nevertheless, from March 23, 2014 to 11:30 on the same day, the Defendants distributed approximately 170 copies of a name tag on which A’s photograph, name, and career, etc. were printed to the church believerss entering the above church to read.

As a result, Defendants conspired to distribute name cards indicating the name of preliminary candidate in religious facilities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the police statement concerning G;

1. Preliminary candidates' name cards, and distribution photographs of name cards;

1. Flusium closures;

1. Application of the Acts and subordinate statutes to the FIE and Hmam photographs;

1. Relevant provisions concerning criminal facts and the Defendants’ choice of punishment: Articles 255 (2) 5 and 93 (1) of the Public Official Election Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

1. The scope of punishment by law: Fine not exceeding 4,000,000 won;

2. Application of the sentencing criteria [Determination of types] for illegal election campaigns in violation of the election campaign period during the election campaign period, [Scope of recommendations] 700,000 won - 2,000,000 won (basic area] - has no record of reflective nature, criminal punishment, and horses; and

3. Determination of sentence: Defendant A who was a preliminary candidate of Si Council members for the instant crime of KRW 700,000,000, respectively;