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(영문) 의정부지방법원 2014.10.02 2014고합301
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On June 4, 2014, the Defendant was a D's lineal descendant who left the C's constituency in the Government of the Gyeonggi-do Council member of the Gyeonggi-do Council on Local Election, and was deprived.

No one shall contain contents supporting, recommending or opposing a candidate (including a preliminary candidate) without resorting to the provisions of the Public Official Election Act from 180 days before the election day to the election day, or spread the name of a political party or the documents, etc. indicating the name of a candidate, in order to influence the election.

1. Around 14:00 on April 26, 2014, the Defendant posted approximately 400 copies of the name cards, on which D’s photograph, brief personal history, etc. are recorded, such as FF, FF, and housing mail boxes near G hospital, etc. in the Gu Government-si E.

Accordingly, the defendant spreaded documents by illegal means in order to influence the election.

2. The Defendant, on April 27, 2014, posted approximately 350 copies of the name cards in which D’s pictures, brief personal records, etc. are written in the same way at the same place as indicated in paragraph (1), around 14:00 on April 27, 2014.

Accordingly, the defendant spreaded documents by illegal means in order to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A H statement;

1. On-site photographs, maps, the distribution of each name tag, and each collection order;

1. Application of Acts and subordinate statutes to an investigation report (candidate confirmation report);

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

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [decision of type] [Violation of the method of election campaign] in the basic area [decision of the recommended area] [the scope of recommendation] in the basic area [the decision of the recommended area] in the fine of not less than 700,000 won but not more than 2,000,000 won [the decision of sentence] in the fine of not less than 70,000 won is the free will of the people.

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