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(영문) 창원지방법원 밀양지원 2016.09.30 2016고합28
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 is a preliminary candidate of a political party in the 20th National Assembly election in April 13, 2016.

No one shall distribute the name of a political party or the printed matters, etc. indicating the names of persons intending to become a candidate, in contravention of the provisions of the Public Official Election Act, in order to have an influence on the election from 180 days before the election day to

Nevertheless, on February 28, 2016, from around 09:00 to 09:40, the Defendant did not go together with D at the entrance of a smuggling sports site located in 2057-21, and distributed approximately 100 copies of promotional name cards containing the name of C Party and name of D to the persons who enter the 13-time smuggling competition event site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (F telephone investigation);

1. The ledger of persons related to the election clerical staff, and the name of D candidate;

1. Application of Acts and subordinate statutes to field photographs, on-site photographs, and on-site photographs of public playgrounds, on the face of the distribution of the name cards of public playgrounds;

1. Article 255 (2) 5 and Article 93 (1) of the Act on the Election of Public Officials in Charge of Facts constituting a crime and Article 255 (2) 5 and Article 93 (2) of the Election of Public Officials;

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

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

1. A fine not exceeding four million won in the scope of a punishment by law;

2. Scope of the recommended punishment according to the sentencing guidelines [the types] of punishment [the scope of the recommended punishment] that there is no person who is in violation of the two types of election campaign (violation of the method of election campaign) [the violation of the method of special sentencing] [the scope of the recommended punishment] to 700,000 won [the basic area].

3. The crime of this case in violation of the method of election campaign as provided in the Election of Public Officials Act is the distribution of the name cards of the preliminary candidate in violation of the method of election campaign, and the liability for such crime is not minor;

However, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, there is no criminal record against the defendant, and the above preliminary candidate has fallen away from Gongcheon after the above preliminary candidate.

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