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(영문) 수원지방법원 안산지원 2019.03.22 2018고합347
공직선거법위반
Text

The sentence of sentence shall be suspended for the defendant.

Of the facts charged in the instant case, the document distribution is made by means of law.

Reasons

Punishment of the crime

During the period from July 1 to June 2018, 2006, the Defendant served as three Council members of the City Council B, and among which, during the period from July 1, 2016 to June 30, 2018, the Defendant served as the chairman of the City Council.

On June 13, 2018, the defendant was born to the candidate for the Cparty in B market at the 7th nationwide local election.

On April 5, 2018, the Defendant registered as a preliminary candidate for B market Cparty in the election commission.

No person who intends to become a candidate or a candidate for the head of a local government, shall make contributions to any person or organization in the constituency concerned.

On April 17, 2018, at around 10:00, the Defendant attended the “Council G General Meeting of Incorporated Association” opened from 2nd E Hotel F, and made a contribution act by granting two copies of the commendation sheet stating the Defendant’s position and name to two members (H and I) of G members (H and I) who were on the top of the election district.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (in filing a listing certificate conferred by a suspect);

1. Application of Acts and subordinate statutes on award-type photographs;

1. Article 257 (1) 1 and Article 113 of the Public Official Election Act concerning facts constituting an offense, the selection of punishment, and the selection of fines;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence (hereinafter referred to as “the reason for sentencing”) is that the Defendant has no criminal record, and that the Defendant’s award is only two copies of an official commendation with no economic value, that the Defendant’s mistake is recognized and that the Defendant did not know about the election of public officials, and that the sentence against the Defendant is suspended by taking into account the various circumstances shown in the argument in the instant case.

The portion not guilty (the portion in violation of the Public Official Election Act due to the distribution of documents by unlawful means)

1. The content of the facts charged shall affect the election from 180 days before the election day to the election day (as of June 13, 2018, December 15, 2017).

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