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(영문) 춘천지방법원 영월지원 2018.11.08 2018고합23

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The defendant is a person who was active in the election of the 7th local council members of the Seoul Gun Council in the election of the 7th local council members.

On June 7, 2018, at around 06:50, the Defendant posted 54 copies of the name cards for election in which the name, photograph, etc. of the said candidate D are printed on the apartment apartment E, which is in an election campaign period, at around KRW 06:50, the Defendant posted 54 of the said candidate’s name, photograph, etc. at the said apartment parking lot,

As a result, the defendant distributed printed materials in order to have an influence on the election without following the provisions of the Public Official Election Act.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police on the police;

1. 45 copies of a field photograph; and

1. Application of 54 Acts and subordinate statutes to name cards;

1. Article 255 (2) 5 of the Act on the Election of Public Officials and Articles 93 (1) 1 of the Act on the Election of Public Officials in Charge of Criminal Facts (excluding punishment)

1. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won;

2. Scope of the recommended punishment according to the sentencing guidelines [type determination] where a violation of the methods of election campaigns (type 2) (person with special sentencing] [the degree of violation of the methods of election campaigns (the scope of the recommended area and the recommended punishment] is minor (the factors of mitigation) [the scope of the punishment] mitigated area, the amount of a fine of 50,000 won to 90,000 won.

3. On June 13, 2018, the Defendant rendered an election campaign in a manner prohibited by the Public Official Election Act in order to have an impact on the election in the 7th local election implemented on June 13, 2018.

This is against the purpose of the Public Official Election Act, which provides the election campaign method, in order to prevent the excessive competition of the election and to ensure fair competition of the candidates.

However, it seems that the defendant recognized his mistake, and there was no criminal record of the same kind, and that he did not think of the violation of the law from the beginning, and the defendant's other reasons.