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(영문) 울산지방법원 2016.08.26 2016고합219
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From the 20th election for National Assembly members, the defendant was working as a volunteer for the B candidate who was going out under the jurisdiction of the new enjoying party, and there was no person appointed as a person in charge of election affairs or accountant in charge, such as the chief of election affairs.

No one shall carry out an election campaign using props or other marks during the election campaign period, except for a candidate, his/her spouse, chief of an election affairs, head of an election liaison office, election affairs clerk, assistant accompanying a candidate, and accountant in charge.

Nevertheless, on April 6, 2016, the Defendant has to prevent the entry of the National Assembly by the force of the closing party of the Sejongbuk-gu, Seoul apartment on the street around 07:21, Ulsan-gu, Seoul-do, and the National Assembly at the end of the election campaign period.

An election campaign was carried out by using props in the way of carrying the scamet as stated “.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each investigation report ( current status of suspect shooting, file of photographs, and election affairs of candidates B, etc.);

1. Application of Acts and subordinate statutes to report internal investigation (verification of whether persons related to election affairs are reported), and details of reporting 112 incidents;

1. Article 255 of the Act on the Election of Public Officials and Articles 255 (1) 5 and 68 (2) of the Act on the Election of Public Officials concerning Criminal Facts, and Selection of fines;

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. Scope of applicable sentences under law: Fines of 50,000 to 6 million won; and

2. Scope of the recommended punishment according to the sentencing guidelines [type determination] There is no violation of the method of election campaign (type 2) (the scope of recommended punishment] (the scope of recommended punishment), the basic area of the punishment, the fine of KRW 700,000 or KRW 2 million).

3. Determination of sentence: The instant crime committed by the Defendant of a fine of KRW 700,000 is likely to impair the legislative intent of the Public Official Election Act that strictly regulates the methods of election campaigns for fair election, and thereby undermine the fairness of election by affecting the right decision-making or judgment of the candidates for election districts.

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