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(영문) 수원지방법원 평택지원 2016.09.21 2016고합105
공직선거법위반
Text

Defendants shall be punished by a fine of 700,000 won.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendants are candidates E who were sent to the candidates for the election of National Assembly members in the 20th constituency C election district, which was implemented on April 13, 2016.

No one shall include details of support or recommendation of a candidate, or distribute the documents indicating the name of a candidate, in contravention of the provisions of the Public Official Election Act, in order to have an influence on the election from 180 days before the election day to the election day.

Nevertheless, from April 11, 2016 to 20:21 on the same day, the Defendants conspired and distributed approximately 50 public relations name cards containing the candidate’s name to the players who did not act as a candidate E in the densely-populated area of Pyeongtaek-si from around 20:01 to around 20:21 on the same day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Sheet photographs and CCTV photographs on the surface of distribution of the name cards;

1. Application of Acts and subordinate statutes on the list of candidates E election affairs, etc.;

1. Article 255(2)5 and Article 93(1) of the Act on the Election of Public Officials under the relevant Act concerning criminal facts, Article 30 of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, respectively, of the order of provisional payment;

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

2. The scope of the recommended punishment according to the sentencing guidelines [types] and the basic area of the recommended punishment [the scope of the recommended punishment] that there is no two types of election campaign (violation of methods of election campaign) [the violation of methods of election campaign] [the scope of the recommended punishment].

3. Determination of sentence: A fine not exceeding 700,000 won was imposed on the Defendants to distribute the names of candidates in violation of the election campaign methods stipulated in the Public Official Election Act, and the legislative intent of the Public Official Election Act is likely to undermine the objectivity and fairness of election by impairing the legislative intent of the election campaign, and thus, the punishment for the instant crime is not minor.

However, the fact that the defendants recognized their crime and reflected, and that the number of reporters distributed by the defendants was not so large that they had a significant impact on the election.

. cannot be seen.

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