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(영문) 대구지방법원 포항지원 2014.09.29 2014고합91
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the mother of the candidate E of the D Party in the 6th nationwide local election. The defendant is the mother of the candidate for the D Party's "B" (C).

No one shall distribute, post, or spread any advertisement, personnel record, poster, photograph, document, painting, printed matter, etc. showing the name of a political party or candidate's name, in violation of the provisions of this Act, with the intention of influencing the election from 180 days before the election day to the election day.

Nevertheless, at around 16:00 on May 29, 2014, the Defendant printed a letter "G" at the 16:0 in North-gu, North-gu, North-gu, and the second multi-household house with a printed photograph of E candidates, and distributed a total of 650 election campaign name by inserting it to the mail box for each household, from around that time to May 31, 2014, from around that time, from around 16:0 to around 31, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The current status of posting of name cards for the election campaign of candidates E, and the current status of removing name cards for the election campaign of candidates E;

1. Seizure records;

1. A photograph that spreads each name tag;

1. Application of the Acts and subordinate statutes to photograph CCTV images;

1. Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act (generality and choice of fines) concerning criminal facts and the selection of punishment;

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

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won; and

2. Scope of recommendations on the sentencing criteria [decision of type] group of election crimes, violation of the election campaign period and illegal election campaigns, and Type 2 (Violation of Method of Election Campaign (Special Aggravation: Extent of Recommendation] where election campaign is imminent on the election day [limited to the range of recommending punishment] a fine of one million won to four million won (or four million won in a heavy area] [limited to mitigation factors of general persons: serious reflectness and criminal punishment, and no record of criminal punishment exists.

3. Determination of sentence: The defendant is guilty of a fine of one million won (a person with a reasonable sentencing).

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