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(영문) 부산지방법원 2016.08.26 2016고합399
공직선거법위반
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the adviser of Busan Jin-gu C clubs, and D is a candidate who registered Busan E in the election district in the 20th National Assembly member election conducted on April 13, 2016.

No person shall use the accuracy devices for an election campaign, except where it is used for the campaign speech or debate at the place of an interview or debate at an open place or at the interview or debate place.

Nevertheless, on April 10, 2016, at around 10:00, the Defendant attended the C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-W-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Warning against any violation of the Public Official Election Act, the application of the C club table table, the application of Acts and subordinate statutes on participants' photographs;

1. Article 255 (2) 4 and Article 91 (1) of the Act on the Election of Public Officials in Charge of Crimes and Articles 255 (2) 4 and 91 (Selection of Penalty) of the Election of Public Officials;

1. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. Scope of punishment: Fines of 50,000 to 40 million won;

2. Scope of recommendations: The basic area of fines of KRW 700,000 to KRW 20 million (types of decisions) in violation of the election campaign period, and the basic area of illegal election campaigns (violation of methods of election campaigns).

3. The liability of the accused for an election campaign, which restricts the method of election campaign so that an election is held fairly in accordance with the free will of the people in the decision making of sentence and democratic procedures, shall not be minor in light of the purport of the Public

However, the defendant's failure to properly understand the Public Official Election Act led to the crime of this case, and the crime of this case does not seem to have any particular effect on the election, and the defendant is now at present.

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