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(영문) 전주지방법원 정읍지원 2018.09.12 2018고합20
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the chief of the election of the candidate E in preparation for the political party DD market at the 7th simultaneous local elections.

The head of an election affairs office may directly carry out name cards of a preliminary candidate or appeal for support for a preliminary candidate, only where a preliminary candidate attends the election campaign together with the preliminary candidate.

Nevertheless, on March 21, 2018, the Defendant issued approximately 80 copies of preliminary candidates E to approximately 80 senior citizens who are residents of the constituency, without accompanying with D market preliminary candidates E, at the entrance of the G Arts Center in North Korea, at around 09:30 on March 21, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the police with H;

1. Application of response Acts and subordinate statutes to a request for business cooperation, such as photograph, list of candidates for the distribution of name cards, and list of candidates;

1. Relevant Article 255 (2) 5 of the Act on the Election of Public Officials and the main sentence of Article 93 (1) of the Act on the Election of Public Officials for the Fact-finding and the Selection of Fines (in all cases, referring to the selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: A fine not exceeding four million won;

2. Application of the sentencing guidelines [types] Where the two types (violation of the method of election campaign) [Special Sentencing] of the Act on the Election Campaign Period (Violation of the Method of Election Campaign) are significantly weak (Reduction) and where the degree of violation of the method of election campaign is minor (Reduction)] [the area of recommendation and sentence] Special mitigation area (2.50,000 won to 90,000 won)

3. Determination of sentence: The crime of this case committed by the Defendant with a fine of KRW 500,00,000 is punishable by distributing the name of the preliminary candidate to the residents in the constituency solely without accompanying the prospective candidate. The Defendant’s responsibility is not less severe in that the Act on Election of Public Offices impairs transparency and fairness in the election of public officials that the Act on Election of Public Offices intends to achieve through strict

However, all of the crimes of this case are committed by the defendant.

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