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(영문) 대전지방법원 논산지원 2015.01.26 2014고합51
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 was elected as E in the sixth City/Do election which was held on June 4, 2014.

No election campaign shall be carried out before the voting ends on the election day.

Nevertheless, on June 4, 2014, the Defendant: (a) from around 09:00 to around 11:20 on the same day, 20 electorates from around H elementary school located in G, a third place near H elementary school located in G, and (b) took personnel management of the passengers of vehicles entering a polling station.

Ultimately, the Defendant carried out an election campaign on the election day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Examination protocol of the accused by prosecution;

1. A certificate with regard to I;

1. Status of securing vehicles for traffic provision in the traffic congestion area;

1. A written accusation;

1. Application of related Acts and subordinate statutes;

1. Relevant Article 254 (1) of the Public Official Election Act and Article 254 (1) of the Public Official Election Act concerning criminal facts;

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 6 million won;

2. Application of the sentencing criteria [Scope of recommendations] In cases of stuffing for the same kind of special street area (not less than one million won but not more than 4.5 million won) (including penalties of fines) during the election campaign period on the election day, from among the special street areas (limited to persons under special circumstances), and criminal records of the same kind (including penalties).

3. The purpose of Article 254(1) of the Public Official Election Act, which prohibits election campaigns on the election day of the sentence, is to ensure that election campaigns on the election day are likely to have the most direct influence on the choice of voters, and thus, it is highly likely that the election campaigns by candidates will be carried out indiscreetly if permitted. Therefore, by prohibiting the exercise of voting rights can be carried out in an orderly and orderly manner on the election day, and the free, reasonable and reasonable decision-making of electors by election campaigns on the day of election

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