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(영문) 제주지방법원 2015.01.08 2014고합207
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a member of the Jeju Special Self-Governing Province Party.

On May 29, 2014, the Defendant sent a text message to three residents, including E/Do Council members F, E/Do Council members, and E former and incumbent female heads, using mobile phones, with a view to getting elected, at Jeju E-si, 07:09-08:48, stating that “I will raise the building-to-land ratio of the building newly built from Jeju City Council and Do Council members, and I will receive a bribe of KRW 40 million from H, and I will receive a bribe of KRW 40,000,000,000,000,000,000,000,000 won.”

Accordingly, the defendant slandered F by openly pointing out facts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of the Acts and subordinate statutes to photographs of text messages;

1. Article 251 of the Public Official Election Act and Article 251 of the same Act concerning criminal facts and the selection of fines;

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;

1. The scope of punishment by law: Fine not exceeding five million won;

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of a type] of recommendation [the publication of false facts and solicitation of candidates] type 1 (Special Sanction against Candidates) (In the event that the other party is a small number or low propagation, an aggravated element - Where the content of slander is related to the very important matters of the electorate on the evaluation of candidates (general satiss) - mitigated element - serious half of [the scope of recommendation field] basic area / [the scope of a fine of one million won to three million won]

3. The Public Official Election Act should be strictly observed in election, which is the basis of democracy in which sentence sentence is determined, and the crime of this case is imminent on the election day, and the employee of E-Myeon, E-Myeon office, and transfer.

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