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(영문) 울산지방법원 2014.11.07 2014고합283

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, 100.

Reasons

Punishment of the crime

Defendant

A is a volunteer as E-gu registered as a preliminary candidate in the 'D' election of the Ulsan-gu Council member of the 6th local government election of the Dong-dong local government, which was implemented on June 4, 2014, and Defendant B is a person who was an election campaign manager as the latter part of the above E.

No one shall distribute, post, spread, play, or run an advertisement, personnel management book, poster, photograph, document, picture, picture, picture, printed matter, or any other similar thing, which contains any content supporting, recommending, or opposing a candidate in order to influence the election from 180 days prior to the election day to the election day.

1. At around 16:40 on April 29, 2014, Defendant A returned to 616 households of five apartment units, such as G buildings, H buildings, I apartments, and J buildings located in and around Ulsan-gu, Ulsan-gu, and neighboring areas, Defendant A distributed 300 straws for election campaign, wherein the aforementioned E candidate’s photograph, academic background, career, etc. are stated, to each household’s entrance of the above apartment unit, or distributed them in a way that they are attached to the window of the above apartment unit.

2. Around April 29, 2014, Defendant B returned to 90 households of Ulsan-gu F apartment, Ulsan-gu, Seoul-gu, and distributed a 30 straw box for an election campaign, in which the aforementioned E’s photograph, academic background, career, etc. are recorded, to each household’s entrance in the above apartment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. The application of Acts and subordinate statutes to photographs, photographs, and the place of distribution of names A and B of elevators A and B, photographs of the inside and distribution of elevators A and B, photographs of the name cards inside the vehicle A (K) and investigation reports (verification of statistical information on elections) in the vehicle A and B;

1. Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act concerning facts constituting an offense;

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, respectively, of the provisional payment order;

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

2. Recommendations and penalties for the sentencing guidelines (Scope of recommendations) shall be violated during the election campaign period and illegal election campaigns.