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(영문) 대전지방법원 천안지원 2018.11.14 2018고합179
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

On May 15, 2018, the Defendant registered as a preliminary candidate for the election of National Assembly members in E-election districts in relation to the seven simultaneous local elections and the election of National Assembly members conducted on the F date as the president of the cooperative for the E-election district, and on May 24, 2018, registered as a candidate around May 24, 2018.

No one shall conduct an election campaign by means of broadcasting, newspapers, news communications, magazines, other publications, campaign meetings, debate meetings, debate meetings, native folks meetings, alumni meetings, neighbors' meetings, information and communications, the establishment of an election campaign organization or private organization, door-to-door visits, or other methods, except as otherwise provided for in the Election of Public Officials Act, prior to the election campaign period.

Nevertheless, on May 2, 2018, the Defendant visited the “I branch office” office located at H around May 2, 2018, and visited 10 to 20 members present at the monthly conference of I branch office, “I will take advantage of various minutes of use by the National Assembly members Mauritius and use it properly for many minutes.”

From that time to May 4, 2018, the Defendant complained of support for the purpose of election of the National Assembly members, such as the entry in the list of offenses in the attached Form, from that time, including appeal for support.

Accordingly, the Defendant carried out an election campaign related to the E election campaign for National Assembly members in the election district prior to the election campaign period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Requests for cooperation in investigation, replies, copies of demands for observance of the Public Official Election Act;

1. Application of the video-recording statutes of advance election campaigns and video CDs;

1. Article 254 (2) of the Act on the Election of Public Officials and the Selection of fines for the crimes, and Article 254 of the Act on the Election of Public Officials;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Public Official Election Act around May 4, 2018, the most severe punishment for concurrent crimes);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is 1.

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