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(영문) 광주지방법원 2014.09.19 2014고합280
공직선거법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant supports C/Gun preliminary candidates D during the 6th nationwide local election that was implemented on June 4, 2014.

Except for an act of directly giving the name of a candidate, from among those accompanying him/her, a candidate, his/her spouse, lineal ascendants or descendants, a candidate or his/her spouse during an election campaign period from 180 days before the election day to the election day, no one shall distribute, post, spread, show or post an advertisement, personnel record, poster, photograph, document, picture, picture, printed matter, etc. which includes the name of a political party or candidate, or which indicates the name of a political party or candidate.

Nevertheless, from May 10, 2014 to May 13, 2014, in order to make the above D elected, the Defendant spreaded Chapter 954, 954 by putting the house price of the former C-gun C-gun, E, F, G, H, I, etc. into the housing gate, street, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a master letter, such as spraying on the street in the C-Gun, and a report on internal investigation (the C-Gun Election Commission: the C-Gun Election Commission that submitted a list of candidates, a photo and a name tag 954, etc.);

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 [the scope of punishment] 4 million won or less [the decision of a sentence] [the violation of the method of election campaign] in violation of Article 2 of the Act on the Election Campaign and Unlawful Election Campaign (the violation of the method of election campaign] [the scope of recommendation] basic area [the scope of punishment] [the scope of recommendation] 70,000 won or more to two million won [the general person] - there is no criminal record [the decision of sentence] 1,000 won or less is spreaded to a candidate even if the defendant is not a person capable of giving the name of the candidate, and the purchase is also possible.

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