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(영문) 대전지방법원 천안지원 2020.07.22 2020고합131
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

The defendant was going to go to the jurisdiction of the D political party in the B-election of the Cheongnam-do Council that was implemented on April 15, 2020, but he was born to E.

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

Nevertheless, from April 9, 2020 to April 10, 2020 to April 10, 2020, the Defendant: (a) carried 68 copies of the name cards stating “L” in front of a house in F, G, H, I, and J return to the house of F, H, I, I, and K for the election of E, the Defendant’s children.

Accordingly, the defendant posted printed matters indicating the name of the political party or the candidate's name in order to influence the election, not according to the Public Official Election Act.

Summary of Evidence

1. Defendant's legal statement;

1. Report on commencement of internal investigation, report on internal investigation (specific A of the suspected suspect), report on internal investigation (report on the scene of posting E) and investigation report (Submission of certified copies of resident registration of the suspect and results of election);

1. Status of the certified copy and ballot counting of resident registration cards;

1. Application of each statute on photographs;

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

1. Articles 70 (1) 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. Scope of applicable sentences under law: Fines of 50,000 to 4,000,000;

2. Scope of recommendation types according to the sentencing criteria (decision of type): Election crimes; 04. Violation of the election campaign period and illegal election campaigns (type 2).

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