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(영문) 인천지방법원 2016.03.25 2016고합21
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 person who works as a pastor in the office of the D church located in the Nam-gu Incheon Metropolitan City, and E is a person who goes out of the office as a candidate for a reelection in the Incheon FF constituency G re-election implemented on October 28, 2015, which was going to the above D church.

No one shall carry out an election campaign for members of a religious institution, organization, etc. by taking advantage of any official act within the organization thereof.

Nevertheless, at around 12:00 on October 18, 2015, the Defendant introduced about 80 believers in the above D church with about 80 believers, and introduced the above E during the tugboat to the believers, and “This minute is well known as our church's sex, so we need to write off it.

Korean church. When the responsibility of a number of parts occurs only on a short-term basis;

J. J. T. H. T. H. S. S. S. S. Republic of America:

I will see at any time, 28 October 28, 190, see that us will be forgotten and stamped.

(B) A statement was made, such as “afterward.”

Accordingly, the defendant, as a religious organization, carried out an election campaign for the above E by taking advantage of an official act in the church as a member of the D church.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to H and I;

1. Recording records, the current status of candidates, church note, and a new registration card;

1. Application of Acts and subordinate statutes to investigation reports (to attach a suspect's statement to the USB);

1. Article 255 (1) 9 and Article 85 (3) of the Act on the Election of Public Officials in Charge of Facts constituting a crime and Articles 255 (1) 9 and 85 of the Election of Public Officials;

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 by law: Fines of 50,000 to 6,000,000; and

2. The scope of recommended punishment on the sentencing criteria [the types of decisions] shall be limited to cases where a crime is committed by using social status or influence.

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