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(영문) 광주지방법원 목포지원 2018.12.06 2018고합105
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No head of a Tong/Ri/Ri/Dong and members of a residents' autonomous council established in a Dong residents' autonomous council shall carry out an election campaign.

Despite the fact that the defendant is a member of the Residents' Self-Governing Committee B, on June 6, 2018, at around 20:47, he/she used a mobile phone from his/her own residential area located in C apartment D, to “E is a F party.”

G along with the Do Governor I, as well as the Do Governor I I, K is the original team.

G In order to realize power, K, which is a candidate for the F Party in E, shall be elected.

(b) In addition, the last four years of L. Party M candidates continued to be in a series of difficulties.

(Post) sent N’s message to 10 persons, includingO, on May 26, 2018, from around 2018 to June 11, 2018, to 7 times, as indicated in the list of offenses.

Accordingly, although the defendant was unable to carry out an election campaign as a member of the Residents' Self-Governing Committee, he carried out an election campaign for K of a candidate at the 7 simultaneous local election E market.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to P and Q;

1. An investigation report (the telephone conversation of the B community service center in practice), an investigation report (Attachment to the promotional documents for the residents' autonomous council members of a suspect), and an investigation report (Attachment to the Ordinance on the Establishment and Operation of the residents' autonomous council in E);

1. Two copies of the official document for hazard and injury;

1. One copy of the Municipal Ordinance;

1. Application of Acts and subordinate statutes (N);

1. Relevant Article 255 of the Act on the Election of Public Officials and Articles 255 (1) 2 and 60 (1) 7 of the Act on the Election of Public Officials for Criminal Facts (a comprehensive 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. The scope of punishment: Fines of 50,000 to 6 million won; and

2. Scope of recommended sentences according to the sentencing guidelines [the types of decisions], illegal election campaigns in violation of the election campaign period, two types (violation of the methods of election campaigns) [the person subject to special sentencing] increased - mitigated factors where they are imminent on the election day.

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