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(영문) 광주지방법원 2017.07.28 2017고합233
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is working as a member of the Residents' Self-Governing Committee from January 21, 2015.

The head of Tong/Ri and the members of the residents' autonomous council established in the Eup/Myeon/Dong residents' autonomous council shall not wage the election campaign.

Nevertheless, around 14:00 on May 2, 2017, the Defendant: (a) carried out an election campaign in front of the election campaign officer who carried out an election campaign in front of the campaign speech or interview at the 19th presidential election campaign site located in Gwangju Mine-gu, the Defendant carried out an election campaign along with a small-sized flick card stating “G”, which is carried out by the election campaign.

Accordingly, although the defendant could not carry out an election campaign as a member of the Residents' Self-Governing Committee, he carried out an election campaign for H party F candidates in the 19th presidential election.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation against a violation of public official election laws;

1. Reporting on findings of investigation:

1. Photographs photographs of the violation scene;

1. Investigation report (No. 13 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to a list of residents' autonomous council members and detailed statement in currency;

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. 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. The scope of punishment by law: Fine not exceeding 6 million won;

2. Application of the sentencing guidelines [types] : Two types (Violation of Method of Election Campaign) [Attachment of Special Sentencing] - Where the degree of violation of method of election campaign is minor: Aggravationd factor: Where a crime is committed using social status or influence (excluding the third types), the same previous conviction (including the punishment), [the scope of the recommended punishment] increased area / [the scope of the recommended punishment] increased area of one million won to four million won

3. The crimes of this case, which have been decided to be sentenced, shall endeavor to ensure fair elections in a neutral position as residents' autonomous council members.

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