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(영문) 광주지방법원장흥지원 2020.12.08 2020고합25

공직선거법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The part of the facts charged was appropriately revised to the extent that it does not impede the defendant's right of defense and is recognized as identical.

No one shall conduct an election campaign using information and communications, except methods prescribed by the Public Official Election Act, prior to the election campaign period.

Nevertheless, the defendant from March 10, 2020 to April 14, 2020, prior to the election campaign period of the 21st National Assembly member (from April 2, 2020 to April 14, 2020).

3. From the 16th day to the 16th day, C (the candidate for the 21st election campaigned on April 15, 2020) (the candidate for the 21st election campaigned on April 15, 202) calls from the office of the National Assembly member E constituency to 60-70 electors using a cell phone (G) and calls from the 60-70 electors, and calls for C’s support.”

Accordingly, the Defendant carried out an election campaign for candidates C using information and communication, which is not the method prescribed in the Public Official Election Act, before the election campaign period for the 21st National Assembly members.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Certificates of matters registered in the mobile phone use contract, details of domestic voice calls and letters, records of each recording, and application of Acts and subordinate statutes to the telephone contents;

1. Relevant Article 254 (2) of the Public Official Election Act and Article 254 (2) of the Public Official Election Act and the selection of fines concerning criminal facts;

1. Articles 70 (1) 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 punishment by law: Fines of 50,000 to 4 million won; and

2. Scope of recommendation types according to the sentencing criteria [decision of types] : Violation of the election campaign period and illegal election campaign [Type 1] [Specially Convicted Persons] in violation of the election campaign period: Where the degree of violation of the methods of election campaign is insignificant (where the scope of recommendation fields and recommendation forms is minor] mitigation area, fine of 30,000 through 90,000 won.

3. Determination of sentence: Fine of 700,000 won: