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(영문) 광주지방법원 2014.11.07 2014고합411
공직선거법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the family head of the family and is a person supporting the E of the D Party that passed to the election of Gwangju Metropolitan City Council members (Celection) among the 6th nationwide local elections implemented on June 4, 2014.

Except for an act of directly giving the name of a candidate, from among those accompanying him/her, a candidate, his/her spouse, lineal ascendants or descendants, a candidate or his/her spouse during an election campaign period from 180 days before the election day to the election day, no one shall distribute, post, spread, show or post an advertisement, personnel record, poster, photograph, document, picture, picture, printed matter, etc. which includes the name of a political party or candidate, or which indicates the name of a political party or candidate.

Nevertheless, around 09:00 on June 3, 2014, the Defendant spreaded in a way that they spread on the street in front of the 5.18 Park, Seo-gu, Seo-gu, Gwangju, in a way that they spread 100 boxes of E on the street.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the E-candidate statutes discovered in suspect vehicles;

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 [the scope of punishment] 4 million won or less [the decision of punishment] [the violation of the method of election campaign] in violation of the election campaign period and illegal election campaigns during the election campaign period] - Where an aggravated element is imminent [the decision of the recommended area] / [the scope of the recommendation area] aggravated area / [the amount of a fine of KRW 1 million or a fine of KRW 4 million [the general person] mitigated - The mitigated element of mitigation, - there is no record of criminal punishment [the decision of sentence] 1 million won or a fine of KRW 1 million is spread to a candidate even if the defendant is not a person who is able to be able to be able to be able to name the candidate, and the purchase is also significant.

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