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(영문) 전주지방법원 2014.07.03 2014고합102
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall distribute, post, distribute, play, or run an advertisement, letter of personnel management, poster, photograph, document, picture, picture, printed matter, recording or video tape and others similar thereto, which include contents supporting, recommending, or opposing a political party or candidate (or a person who intends to become a candidate) in order to influence the election from 180 days before the election day to the election day, or which indicates the name of a political party or candidate.

Nevertheless, at around 10:19 on March 10, 2014, the Defendant distributed name cards to 43 persons, such as the list of crimes, from March 13, 2014 to March 17, 2014, from “D Pharmacy” operated by the Defendant in Masan-gu, the name “the first market to be replaced by the life in the Preliminary Candidate F in the Ethical Market,” which read “the first market to be replaced by the life in the Preliminary Candidate F in the Ethical Market.”

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Name cards;

1. Application of Acts and subordinate statutes to each investigation report (related to the attachment ofCCTV screen, the arrangement of CCTV screen pictures, and attachment of crime list);

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 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. The scope of applicable sentences by law: Fines of 50,000 to 4 million won; and

2. Scope of recommended sentences according to the sentencing guidelines (determination of types) for election crimes, illegal election campaigns in violation of the election campaign period, and reduction elements for types 2 (Violation of Methods of Election Campaign) (Specially Convicts): Where the degree of violation of methods of election campaigns is insignificant (Scope of recommending punishment): 50,000 won to 90,000 won; and

3. Determination of sentence: A fine of KRW 500,000 shall have spread approximately 43 name cards indicating the candidate's name in violation of election campaign methods under the Public Official Election Act.

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