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(영문) 전주지방법원 군산지원 2018.12.06 2018고합95
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

One (Article 80 x 120 cm) of the sign of the election campaign seized (Article 80 cm).

Reasons

Punishment of the crime

The Defendant is a person who registered as a candidate for the preliminary Do Council member of C Party around March 2, 2018 in order to go to the candidates for B constituency Do Council member at the 7th simultaneous local elections held on June 13, 2018.

No one shall conduct an election campaign by means of propaganda facilities, tools, or other methods prior to an election campaign period, except as prescribed by the Public Official Election Act.

Nevertheless, from March 23, 2018 to 18:00 on March 23, 2018, the Defendant set up on the floor and filed an appeal for support for the personnel management of the electoral district residents who walked on the floor with the sign "B, E, F, G, H, H, I, J, K, K, L, C party 1A for 23 years, namely, "B, E, E, E, 80cm in length, 80cm in width, and No. 1)."

However, preliminary candidates must wear the above marks for election campaign, and they can carry out election campaign using the marks that meet the size prescribed in Article 26-2(8)(2) of the Rules on the Management of Public Officials Election (within 100 cm in length).

Accordingly, the Defendant carried out an election campaign by means of propaganda facilities, tools, and other methods prior to the election campaign period, except as provided in the Public Official Election Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes to each field photograph, sign photograph, internal investigation report (Attachment to the current status of preliminary candidates for a metropolitan constituency) and the list of preliminary candidates, and report on internal investigation (the time of attaching the string to the cover);

1. Article 254 (2) of the relevant Act concerning facts constituting an offense and Article 254 (2) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (The following circumstances considered in favor of the reasons for sentencing):

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act is as follows.

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