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(영문) 서울서부지방법원 2020.08.19 2020고합156
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall install, display, post or distribute any wreath, balloon, signboard, placard, advertising balloon, advertising tower, other advertising material or facilities, except for those prescribed by the Public Official Election Act, in order to have an influence on the election from 180 days before the election day to the election day.

Nevertheless, at around 16:00 on April 13, 2020, the Defendant attached eight copies of documents in the entrance column, “In the front, I am in the subway 160, Seoul Mapo-gu, and then posted five copies of the above documents at the entrance of the subway in the subway 160-ro, Mapo-gu, Seoul, and the entrance column, “In the front, I am in the front, I am in the front.”

Accordingly, the defendant posted advertisements to influence the election from 180 days before the election day to the election day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Mapo-gu Election Commission’s report on seizure records, report on internal investigation (specific to raise persons suspected of being suspected of being suspected), and report on internal investigation (the attachment of printed materials and confirmation of moving routes No. 4 in active service) shall be made;

1. Article 256 (3) 1 of the Public Official Election Act (h) applicable to applicable law to facts constituting a crime and selection of punishment;

Title, Article 90(1)1 (Selection of Fines)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 4 million won;

2. Scope of the recommended sentencing criteria: The sentencing criteria are not set.

3. The crime of this case, which is determined to be sentenced, posts an advertisement that may affect the election of the defendant in the entrance columns of subway entrance through which many and unspecified persons pass, and the nature of the crime is not weak.

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