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(영문) 인천지방법원 2016.04.22 2016고합115
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant is a member of the Residents' Self-Governing Council established in Incheon Metropolitan City, who is prohibited from conducting an election campaign.

In the special election for local council members implemented on October 28, 2015, for the election of F candidate for the election of F candidate for the election district E constituency of the D Council member, the Defendant has placed 30 cell phone numbers, which were known to be used for election campaigns at the above F candidate election office located in Incheon G2 on October 15, 2015, on the election campaign volunteer’s book at that office, and has 30 cell phones H of the F candidate election campaign committee using the name of the Defendant using the name of 30 cell phones, which is located in the main page issued by the Defendant.

The author is actively supporting F candidates No. 2

“The” sent text messages.

Accordingly, the defendant carried out an election campaign even though he could not carry out an election campaign.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or H by the prosecution;

1. Each police statement made to I and J;

1. A written accusation;

1. Response to cooperation in investigation (the list of residents of the C resident autonomous council) and the application of statutes on dispatch of letters;

1. Article 255 (1) 2 of the Act on the Election of Public Officials and Articles 60 (1) 7 of the Act on the Election of Public Officials in Charge of Criminal Facts (excluding punishment)

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

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

1. The scope of punishment: Fines of not less than 50,000 won but not more than 6 million won;

2. Where the degree of violation of the method of election campaign (person with a special mitigation) type 2 (Violation of the method of election campaign) (person with a special mitigation) is minor in violation of the method of election campaign [the scope of recommended punishment] by taking advantage of social status or influence [the scope of recommended punishment] basic area: Fines of not less than 700,000 won and not more than two million won:

3. The defendant who has rendered a sentence shall be fair in a neutral position as a resident autonomy member.

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