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(영문) 전주지방법원 2016.11.18 2016고합147
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

No one shall distribute, post, spread, screen or run an advertisement, letter of personnel management, poster, photograph, document, picture, picture, printed matter or tape, video tape and others similar thereto, which contain the contents of supporting, recommending or opposing a political party or candidate (including a person intending to become a candidate), or which indicate the name of a political party or candidate, with the aim of influencing the election from 180 days before the election day to the election day.

Nevertheless, around 11:00 on February 1, 2016, the Defendant attended the 9th National Federation of Jeonju-si, the 10th president and the 100 persons, such as Jeonju-si Do Tong E, who attended the 20th National Assembly member election campaign, and distributed the name indicating the name of the 19th National Assembly member G, who wishes to become a candidate for the 20th National Assembly member election election political district, at the 100th National Assembly member's election campaign, which is held at the 3rd floor lux Home, which is held at the 3rd floor lux.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A CD-1 or a video screen;

1. Internet press technicians;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Relevant Article of the Criminal Act and Articles 255 (2) 5 and 93 (1) of the Criminal Act concerning the selection of criminal facts;

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 million won;

2. The scope of recommendation [decision of types] according to the sentencing criteria for an election: There is no type 2 (Violation of Methods of Election Campaign) (Violation of Methods of Election Campaign) (Decision on the recommended field] (Decision on the recommended area] basic area [Scope of recommendation] a fine of KRW 700,00 won to KRW 2 million.

3. Determination of sentence: A name indicating the name of the 19th National Assembly member G that the Defendant wishes to be a candidate for the 20th National Assembly member election in a manner that is not allowed under the Public Official Election Act.

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