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(영문) 광주지방법원 2012.10.31 2012고합879
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the election campaign manager of B candidate in the 19th National Assembly member election, effective April 11, 2012, in Gwangju Dong-gu.

No one shall distribute or have another person distribute advertising, personnel management books, posters, photographs, documents, paintings, printed materials, and other similar things, which indicate the name of a candidate, except in cases of accompanying a candidate with a candidate for the purpose of influencing an election from 180 days before the election day to the election day.

On March 29, 2012, at the election office of the above B in the Dong-gu, Gwangju Metropolitan City, and the second floor, the Defendant held around 80 pages, stating the above candidate’s mark, photograph, name, and name, and the phrase “I will definitely have the ability to carry out redevelopment, youth and senior job,” and distributed the above name cards to the members of the Dong-gu, Gwangju on the same day.

Accordingly, in order to influence the election, the defendant distributed name cards indicating the name of the candidate to the election campaignmen in the absence of the candidate.

Summary of Evidence

1. Defendant's legal statement;

1. The examination records of the suspect by the prosecution against D, E, F, and G;

1. Application of Acts and subordinate statutes to the name cards of candidates, name cards, face-to-face photographs, investigation reports (referring to the dispatch of official notices related to the name cards of the election commission), and investigation reports (related to the name cards collected at the site);

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. Scope of recommended sentences according to the sentencing guidelines [decision of type] group of election crimes, violation of the election campaign period and illegal election campaigns, and the factors to reduce or reduce types 2 (Violation of Methods of Election Campaign) (Specially Convicts): Where the degree of violation of methods of election campaign is insignificant, the recognition of illegality is remarkable.

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