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(영문) 대전지방법원 2014.11.27 2014고합376
공직선거법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall distribute, post, spread, show or post any content supporting, recommending or opposing a political party or candidate, or printed matters indicating the name of a political party or candidate's name, or other similar things, in order to influence the election from 180 days prior to the election day to the election day, 10,00 persons designated by the candidate, from among those accompanying the candidate, his/her spouse or lineal ascendants or descendants, election campaign workers, assistant, candidate or his/her spouse, respectively.

Nevertheless, around 16:10 on May 30, 2014, the Defendant distributed approximately 30 copies of the name, photograph, etc. of the Daejeon Police Station No. 1417-gil, the Daejeon High-gu, Daejeon High-gu, Daejeon High-Tech, the 1417-gil, to the police officers belonging to the Daejeon High-Tech, including the economic team, the Cyber Team, and the violent and criminal team, on which the name, photograph, etc. of the Daejeon Metropolitan City Mayor was printed.

Accordingly, the defendant did not follow the Public Official Election Act and distributed printed name indicating the name of C, a candidate for the large exhibition hall.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. CCTV image data;

1. Application of Acts and subordinate statutes governing name cards;

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

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. The scope of punishment by law: Fine not exceeding 4,000,000 won;

2. The application of the sentencing guidelines [decision of types] where the recognition of illegality of the type 2 [special mitigation elements] is significantly weak, the degree of violation of the method of election campaign is minor [the scope of recommendation] a fine of 250,000 won to 90,000 won (special mitigation factors) [the general mitigation factors] in the election campaign period.

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