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(영문) 대구지방법원 2014.10.17 2014고합481
공직선거법위반
Text

1. The defendant shall be punished by a fine of 700,000 won;

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

Reasons

Punishment of the crime

No one shall distribute, post, spread, play, or run an advertisement, letter of personnel management, poster, photograph, document, picture, picture, picture, printed matter, printed matter, recording, video tape or others similar thereto which include contents of recommending or opposing a political party or candidate, or which indicate the name of a political party or candidate, in order to have an influence on the election from 180 days before the election day to the election day.

Nevertheless, on May 31, 2014, from around 16:00 to 19:00, the Defendant distributed 485 copies of a total of 485 name cards by putting the name of the E candidate (party elected) who was sent to the candidate for the 6th election district in the Do-gu Seoul Special Metropolitan City of the Do-gu Seoul Special Metropolitan City, a local election of Dong-si across the country, from one week to the 6th election district.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of the F, G, E, and H;

1. Application of Acts and subordinate statutes to each internal investigation report and investigation report (including attached documents and photographs), E-candidate’s campaign site photographs, details of spraying crafts (in addition), and details of spraying crafts;

1. Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act (generality and choice of fines) concerning criminal facts and the selection of punishment;

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: A fine not exceeding four million won;

2. Where the basic area (referring to 700,000 won or two million won) of the basic area (referring to a person under special circumstances) (referring to a person under special circumstances) of the election campaign in violation of the types 2 (Methods of Election Campaign) during the election campaign period, is significantly weak in recognition of illegality (referring to a person under special mitigation) according to the sentencing guidelines.

3. Determination of sentence: The Public Official Election Act, which is the basis of democratic politics, provides that a fine of 700,000 won is fair in accordance with the free will of the people and democratic procedures and prevents any malpractice related to the election.

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