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(영문) 창원지방법원 진주지원 2016.10.06 2016고합80
공직선거법위반
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

At around 10:30 on January 9, 2016, the Defendant had 380 electors, such as native members, institutions, heads of institutions, Eup/Myeon heads, etc. attending the 2016 Epire Society, and had 380 electors attend the 2016 Epire Society, and had them answer to the following: “I need to answer to the 3 line with the thickness of our F member of the National Assembly. I need to see that I will be able to succeed to the 3 line,” and that “I need to answer to the 4 line with the thickness of the F member of the National Assembly.” Then, all our natives complained for the election of a candidate for the 20th election of the National Assembly member of the Republic of Korea by having all our natives participate in the 3 line with the thickness of the F member of the National Assembly.”

Accordingly, the defendant carried out an election campaign even though it is not an election campaign period.

Summary of Evidence

1. Defendant's legal statement;

1. Each internal investigation report (in relation to the submission of data, such as a plan for the event of the G military forces E-mail Federation, etc., regarding telephone conversations of the G election commission), and each investigation report (in relation to the process of obtaining files of a new year and a list of preliminary candidates);

1. Application of Acts and subordinate statutes to recording files and recording records;

1. Relevant provisions concerning criminal facts and Article 254 (2) of the Public Official Election Act for 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 punishment by law: A fine not exceeding four million won;

2. Application of the sentencing guidelines [determination of types] : Group of elections, violation of the election campaign period and illegal election campaigns, and reduction element of Type 1 (Violation of the election campaign period): There is no aggravated element where the degree of violation of the methods of election campaigns is insignificant. [Scope of recommending punishment] Reduction area: KRW 300,000 to KRW 90,000.

3. Determination of sentence: A fine of KRW 300,000 shall be imposed on the defendant, prior to the election campaign period, to an election campaign against the support of the candidate F who is going to the election of the 20th National Assembly members in a society in which the defendant is the president.

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