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(영문) 전주지방법원 2014.12.11 2014고합231
공직선거법위반
Text

Defendant

A A shall be punished by a fine of KRW 1,00,00, by a fine of KRW 700,000,000, each of the offenses against Defendant B, C, D, E, F, G, and H.

Reasons

Punishment of the crime

Defendant

A is an election campaign manager of Q Q, who goes to the election district of P Party in the P Party affiliated with the P Party among the 6th National East-si Local Election (Enforcement on June 4, 2014), among the NA-si election campaign workers in the preceding week for Jeonju-si. Defendant B, C, D, E, F, G, and H are the election campaign workers of Q, respectively.

No one shall distribute, post, spread, show, or run any photograph, document, picture, printed matter, or other similar things indicating the name of a political party or candidate, or distribute, post, broadcast, display, or run any photograph, document, picture, printed matter, or other things similar thereto, with the intention of influencing the election from 180 days before the election day to the election day, and only the act of directly giving the name of the candidate by the election campaign manager or election campaign worker accompanying the candidate during the election campaign period.

그럼에도 불구하고, 피고인들은 공모하여 2014. 5. 23.부터 2014. 5. 25.까지 전주시 R의 우편함에 「실천하는 큰 일꾼! Q, S」라는 문구와 함께 Q의 사진이 인쇄된 명함을 끼워 둔 것을 비롯하여 별지 범죄일람표 기재와 같이 명함 193매를 살포하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report of election campaign members;

1. Partial pages of video;

1. Application of Acts and subordinate statutes to a report on internal investigation (related to attaching a name tag), report on internal investigation (related to photographing a place of distributing a name tag);

1. Relevant Articles and 255 (2) 5 and 93 (1) of the Public Official Election Act, and Article 30 of the Criminal Act, respectively;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

1. The scope of punishment by law: A fine not exceeding four million won;

2. The scope of recommended sentences according to the sentencing guidelines (decision of type) shall be the group of election crimes, illegal election campaigns in violation of the election campaign period, and the types of two.

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