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(영문) 창원지방법원 2014.07.24 2014고합145
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

The defendant was registered as a preliminary candidate for the election district C in the sixth local council members' election district, which was implemented on June 4, 2014, but resigned on April 30, 2014.

Anyone shall be prohibited from distributing, posting, spraying, showing or posting advertising, photographs and other similar things showing the name of a candidate, in contravention of the provisions of the Public Official Election Act, in order to influence the election from 180 days before the election day to the election day.

Nevertheless, on March 30, 2014, from around 20:00 to 21:30 of the same day, the Defendant distributed approximately 100 name cards of preliminary candidate D in front of the entrance of each household using the elevator from the defendant's her his/her her her her her her her her her her her her her son F, and from around 102 her her her her her her her her her son F.

Accordingly, the defendant, in collusion with F, distributed name cards by law.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning F;

1. Seizure records;

1. On-site photographs;

1. The application of Acts and subordinate statutes on the investigation report (registration and resignation date of preliminary candidates) and the election statistics system;

1. Article 255 (2) 5, Article 93 (1) and Article 30 of the Criminal Act concerning criminal facts and Article 255 (2) 5, Article 93 (1) of the Public Official Election Act;

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

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

1. Application of the sentencing criteria [Determination of types] - Type 2 (Violation of Method of Election Campaign) [Scope of Recommendation and Recommendation] Basic Field, 700,000 won to two million won [general person] - No criminal punishment has any history of increase - Aggravated factor: A candidate, spouse of a candidate, lineal ascendant or descendant, or person related to election; a crime of a person related to election;

2. Determination of sentence: The defendant distributed approximately one hundred copies of the name cards indicating the name and face of preliminary candidates D, his husband, in violation of election campaign methods under the Public Official Election Act, and the above act.

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