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(영문) 창원지방법원 2018.12.06 2018고합174

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

On January 29, 2015, the Defendant was sentenced to a fine of 2.5 million won by violating the Public Official Election Act at the Changwon District Court on January 29, 2015, and the said judgment became final and conclusive on June 24, 2015.

Therefore, the defendant has no voting right until June 23, 2020, and a person who has no voting right can not carry out an election campaign.

Nevertheless, on March 26, 2018, the Defendant posted a notice on the Defendant’s election campaign image, such as C Party D, in a non-permanent place (hereinafter “Defendant’s election campaign”), such as photographed by Defendant C Party D, and “The liquor tax for supporting candidates for FC political parties’ new walls,” and carried out an election campaign to make C Party E, etc. elected at the 7th simultaneous local elections implemented on June 13, 2018, and carried out an election campaign by the same method as indicated in the daily list of crimes in the attached Table, on the same nine occasions until June 3, 2018. ② On June 5, 2018, the Defendant asserted that C Party D Party D Party D’s street was a new candidate for the election campaign, citing C Party D Party D’s seat with the indication of political party D Party D’s hand, and sought for the election campaign to support C Party 1’s election. < Amended by Presidential Decree No. 242650, Jun. 10, 2018>

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police officer of L;

1. A written accusation;

1. One copy of SNS notices, data on suspect election campaign-related notices, notices, and the screen of the election campaign closures;

1. Application of each statute of the judgment;

1. Article 255 (1) 2 of the Act on the Election of Public Officials and Article 60 (1) 3 of the Act on the Election of Public Officials for the Punishment of Criminal Crimes (elective of penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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. The scope of punishment by law: Fine not exceeding nine million won;

2. The scope of the recommended punishment based on the sentencing criteria: a fine of one million won to four million won.