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(영문) 광주지방법원 순천지원 2018.11.15 2018고합188

공직선거법위반

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 13, 2018, the Defendant was driving a F1 ton cargo vehicle, which is a candidate E for a candidate for a local government CD at the time of simultaneous local elections conducted on June 13, 2018.

No person shall use a tape recorder or video recorder for an election campaign, except in cases where he uses it for a campaign speech or interview at the place of a campaign speech or debate at an open place or at an interview or debate place under the Election of Public Officials Act, and except in cases where a candidate, etc. makes a campaign speech at an open place during the election period, or has an interview or debate.

Nevertheless, on June 10, 2018, from around 19:00 to 01:00 the following day, the Defendant: (a) installed freight cars in front of the agricultural community, which are 10 U.S. owners of the foregoing election, without a speech or interview; and (b) broadcasted music and video for the election campaign of the above candidates using tape recorderss, tape recorderss and video cameras installed on the vehicle without a speech or interview; and (c) broadcasted music and video images installed on the vehicle.

Accordingly, the defendant used a recording machine for election campaign in violation of the Public Official Election Act and used a confirmation device at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (the report on dispatch of the scene and photographing and attaching photographs of the site conditions);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Articles 255 (2) 4, 91 (1) ( point of an election campaign using accurate devices) and 255 (2) 6 and 100 of the Election of Public Officials Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crime of violating the Public Official Election Act due to an election campaign using a recording machine with heavy circumstances (a punishment provided for in the crime of violating the Public Official Election Act due to an election campaign using a recording machine with heavy circumstances);

1. Selection of an alternative fine for punishment;

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 applicable sentences under law: Fines of 50,000 to 4 million won; and

2. The sentencing criteria shall be based on; and