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(영문) 수원지방법원 평택지원 2016.09.21 2016고합104
공직선거법위반
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a candidate D's election officer who was selected as a candidate for a political party C in the election of the 20th National Assembly member of the 20th National Assembly that was implemented on April 13, 2016.

No one shall distribute a document stating the name of a candidate, in which matters concerning support and recommendation of a candidate are included, or in which the candidate's name is indicated, in order to influence the election from 180 days before the election day to the election day, but the head of an election affairs, election affairs clerk, etc. accompanying the candidate or his/her spouse may personally specify the name of

On April 2, 2016, from around 13:56 to 14:14 of the same day, the Defendant did not provide a candidate D with Dong-ro 21, and distributed approximately 50 copies of a name tag for public relations in which the name of the candidate was written, to the players who passed from around the 13:56 to around the 14:14 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal investigation (a flag to distribute a name tag prior to the scambling of the suspected person 1) (a flag by cutting off the CCTV of spirits);

1. Grounds for sentencing under Article 255 of the relevant Act and Articles 255 (2) 5 and 93 (1) of the Act on the Election of Public Officials in Charge of Criminal Fact-Findings;

1. The scope of punishment by law: A fine not exceeding four million won;

2. The scope of recommendation according to the sentencing guidelines [determination of types] / The scope of punishment for election crimes, the election campaign period and illegal election campaign, the Class 2 (Violation of Method of Election Campaign) [Scope of recommendation and recommendation] None [the scope of punishment for special sentencing], the basic area of recommendation and recommendation], the fine of 70 thousand won to 1.5 million won.

3. Determination of sentence: Determination of sentence by taking into account all factors of sentencing as shown in the pleadings of this case, such as the fact that the defendant has been convicted of a fine not exceeding 700,000 won, the fact that there was no record of punishment for the same election crime, the fact that the degree of violation is relatively minor, and the defendant's age, sex, environment and circumstances, etc.

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