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(영문) 서울중앙지방법원 2014.10.01 2014고합1097
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a lineal ascendant of D who was elected by going out of the 6th local election of Dong-si, which was implemented on June 4, 2014, as a member of the C Council.

Anyone is prohibited from distributing, posting, spraying, showing, or posting a document indicating the name of a candidate, in which the contents of support and recommendation of a candidate (including a person who intends to become a candidate) are included in order to influence the election from 180 days prior to the election day to the election day, or from distributing, posting, spraying, showing, or posting a document stating the name of the candidate, and only the lineal ascendant of a preliminary candidate may directly file an appeal for support with a preliminary candidate

around 06:07 on May 4, 2014, the Defendant left the name of a preliminary candidate indicating a preliminary candidate D’s photograph, name, and career that he/she had in front of the house gate, and from May 4, 2014, around May 4, 2014.

5. Until June 5, F and G housing, which are the constituency of D preliminary candidates, have been posted 67 pages of D preliminary candidates in front of Seodaemun.

Accordingly, the defendant did not follow the Public Official Election Act, but spread 67 preliminary candidates who indicate the name of the candidate.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each investigation report (to attach photographs in front of a small name tag and gate, to a report on appointment of a preliminary candidate and to attach a warning letter of a violation, and to attach CCTV photographs in the form of distributing a name tag);

1. Application of the Acts and subordinate statutes on a small name tag 67, a copy of the 21st gate photograph, three copies of the gate photograph, four copies of the gate photograph, a photographic photo taken in front of the gate, a printed copy of the shot, and a screen image CD;

1. Article 255 (2) 5 of the Act on the Election of Public Officials and the main sentence of Article 93 (1) of the Act on the Election of Public Officials ( comprehensively and collectively) concerning criminal facts and the selection of punishment;

1. Grounds for sentencing under Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)

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

2. The sentencing criteria; and

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