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(영문) 대구지방법원 상주지원 2018.10.25 2018고합22
공직선거법위반
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall distribute, post, spread, screen or run an advertisement, letter of personnel management, poster, photograph, document, drawing, printed matter, recording or video tape and others similar thereto, which contain the contents of supporting, recommending or opposing a political party or candidate (including a person intending to become a candidate), or the name of a political party or candidate, with the aim of influencing the election from 180 days before the election day to the election day.

Nevertheless, on April 4, 2018, at around 20:56 around 20:56, the Defendant issued 50 copies of E’s name cards to unspecified voters who enter a restaurant “C” in B, in front of the restaurant entrance, for the purpose of informing E of the preliminary candidates for local simultaneous elections D.

Accordingly, the defendant distributed the name of the person who wants to be a candidate to influence the election.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Seizure records;

1. Two copies of each on-site photograph, CCTV images to capture, and two photographs of seized articles (50 copies of name cards);

1. Application of 50 copies of the existing Acts and subordinate statutes to the confiscated title; and

1. Article 255 (2) 5 and Article 93 (1) of the Act on the Election of Public Officials in Charge of Facts constituting a crime and Article 255 (2) 5 and Article 93 (2) of the Election of Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

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

2. Where the degree of violation of types 2 (Violation of Method of Election Campaign) [Special mitigated Persons] (Violation of Method of Election Campaign) of the Act on Election Campaign in violation of the Election Campaign Period, the degree of violation of method of election campaign is insignificant, and where the recognition of illegality is considerably weak [the scope of decision and recommendation in the recommended area] special mitigation area, fine of 250,000 won to 90,000 won.

3. Determination of sentence: a fine of KRW 500,000.

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