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(영문) 서울중앙지방법원 2013.07.02 2013고합539
공직선거법위반
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1. The defendant shall be punished by a fine of 300,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

Although the Defendant was not a C candidate, his spouse, election campaign manager, chief of the election campaign liaison office, election campaign worker, assistant accompanying the candidate, and accountant in charge, from around 19:20 to around 19:40 on December 10, 2012, the Defendant complained of C, his head belt stating “A candidate for female president”, “A person resolving inter-Korean relations as at the time of D President”, “A person who is only in charge of resolving inter-Korean relations”, and “A person who can cause a new wind”, “A person who can cause a new wind”, “A liquor tax shall be created by the President”, and “an opportunity for liquor tax shall be paid once”, “Irnish”, and “Irnnnnnish”, “Irnnnnish”, “Irnnnnnnish”, “Irnnnnnnnish, Innnnnish.”

Accordingly, the defendant used the display materials during the election campaign period to carry out an election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The application of Acts and subordinate statutes to a seizure report (any submission thereof), investigation report (any statement of processing a report on 112 case);

1. Article 255 (1) 5 and Article 68 (2) of the Public Official Election Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by a fine not exceeding 6 million won;

2. Scope of recommendations based on the sentencing guidelines: Election crimes committed by a fine of KRW 700,00 to KRW 2 million (determination of types); illegal election campaigns in violation of the election campaign period; Type 2 (Violation of Methods of Election Campaign) (Scope of Recommendation); basic area; KRW 700,00 won to KRW 2 million.

3. Determination of sentence: a fine of KRW 300,00 won is a usual citizen who works for one-time and wants to help the candidate he supports. It appears that the act of this case was committed in this case at the moment of 20 minutes, and the act was suspended immediately after 20 minutes, and the defendant was divided in depth.

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