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(영문) 의정부지방법원 2017.08.09 2017고합203
공직선거법위반
Text

Defendants shall be punished by a fine of KRW 80,000.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendants are volunteers of F(G party) candidates who had been going to the E election conducted by the Defendants.

Except as provided for in the Election of Public Officials Act, no one shall distribute, spread, post, or post a newspaper, communication, magazine, or the organ of an institution, organization, or facility, or any other publication, which carries an article related to the election, in a way other than ordinary methods, or distribute, spread, post, or affix such article by reproducing it.

1. On April 10, 2017, at the F election office located in the fourth floor of Gyeonggi H building, Defendant B copied whether he/she is 60 newspaper articles, an article favorable to the above F candidate, among newspaper articles of I in Incheon, and distributed newspapers in a way other than normal methods, by having the newspaper articles of “C”, an article favorable to the above F candidate, bring or viewing by visitors in the election office.

2. On April 10, 2017, at around 10:30, Defendant A, with 60 copies of the foregoing Incheon daily newspaper article reproduced and kept by Defendant A, as prescribed in paragraph (1), distributed the newspaper to approximately 10 persons passed at the front of K in J, and distributed the newspaper in a way other than a normal way.

Summary of Evidence

1. Defendants’ respective legal statements

1. One-time statement concerning the interrogation of suspects against the Defendants (one-time statement)

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

1. Protocols of each seizure and list of seized articles and photographs thereof;

1. A report on internal investigation (the security, analysis, and characteristics of the distributor of surrounding CCTV);

1. Application of Acts and subordinate statutes to report internal investigation (including the current status as at the time of appointment of the election situation room, and accompanying materials);

1. Article 252 (3) and Article 95 (1) of the Act on the Election of Public Officials for the Purposes of Crimes and the Selection of Punishments;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

1. Defendant B: Reasons for sentencing under Article 48(1)1 of the Criminal Act;

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

2. The sentencing guidelines shall be recommended; and

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