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(영문) 광주지방법원 2018.11.16 2018고합431
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who was a voting witness of D who is a candidate for the election of a member of the C Council at the 7th simultaneous local elections held on June 13, 2018.

No one shall carry out an election campaign except in the way provided for in the Public Official Election Act before the voting ends on the election day, and the accused was located in the vicinity of a polling station established at the F elementary school in South E at around 12:42 on June 13, 2018.

G (a) The election campaign was conducted on the election day by stating that “H, I, J, J, and J, Gun Council members,” “I, D, I, and I, and I, and if so, I, I, and I, and I, and I, and I, and I, D, and I, if so, I, and I, I, and I, I, and I, I, and I, and I, I, and I, and I, I, and I, and I, I, and I, I, and I, who will be able to do so.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M or G;

1. A written accusation;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 254 (1) of the relevant Act concerning facts constituting a crime and Article 254 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

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. Scope of applicable sentences under law: Fines of 50,000 to 60 million won;

2. Scope of the recommended punishment on the sentencing criteria [types] basic area (limited to the determination of the recommended area and the scope of the recommended punishment] of the type 1 (Violation of the Election Campaign Period) (limited to the violation of the Election Campaign Period), which is in violation of the election campaign period, for the election campaign period.

3. The crime of this case by which the defendant committed an election campaign, which refers to the name of a specific candidate in the vicinity of the polling station on the day of the election day of the simultaneous local elections all over the seventh times.

In addition, the Defendant was aware of the status of a voting witness to monitor illegal voting, and the election campaign on the election day is likely to have the direct influence on the choice of voters, which is free and consistent with the elector.

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