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(영문) 부산지방법원 동부지원 2014.08.14 2014고합117
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, play, or run an advertisement, letter of personnel management, poster, photograph, document, picture, picture, picture, printed matter, printed matter, recording, video tape and others similar thereto, which include contents supporting, recommending, or opposing a political party or candidate, or which indicate the name of a political party or candidate's name, in order to influence the election from 180 days before the election day to the election day.

Nevertheless, the Defendant, which took place on June 4, 2014, tried to distribute the name cards of D to many unspecified voters in order to publicize and appeal for support D candidates who were sent to C candidate in the 6th nationwide local election.

On May 27, 2014, at around 19:20, the Defendant distributed printed materials recommended by candidates in order to influence the election from 180 days before the election day to the election day, instead of according to the Public Official Election Act, by placing 100 boxes of public relations, stating the photograph, career, etc. of the said D candidates, at the public parking lot under the jurisdiction of the head of the Si/Gun/Gu, which is located in the 16th city course of the Si/Gun/Gu in Busan.

Summary of Evidence

1. Defendant's legal statement;

1. 46 copies of the list of the candidates collected at the site;

1. Photographss and documentary evidence taken on each on-site photograph and CCTV screen;

1. Application of the Acts and subordinate statutes reporting internal investigation to the police;

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

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. Fines of 50,000 to 4 million won within the applicable sentencing range by law; and

2. The scope of recommendations on the sentencing criteria [decision of types] shall be limited to the basic area of recommendation [decision of the recommended area]. The violation of the election campaign period and illegal election campaigns shall be limited to the basic area of the election campaign.

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