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(영문) 창원지방법원 마산지원 2014.09.03 2014고합68
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Criminal facts

The defendant is a person registered as a preliminary candidate for the C constituency of a member of the Haan-Gun Council in the Haak-nam City local election, which was implemented on June 4, 2014.

No one shall distribute, post, or spread any advertisement, personnel record, poster, poster, photograph, document, drawing, or printed matter showing the name of a political party or candidate with the intention of influencing the election from 180 days prior to the election day to the election day, or showing the name of a political party or the name of a candidate, or distribute, post, or spread, without permission, a name tag to the electorate, even in cases where a candidate shows a name of the election, except in cases where he/she directly releases it to the electorate.

Nevertheless, around April 21, 2014, the Defendant distributed 260 copies of the name cards in which the Defendant’s photograph, name, career, etc. are written on the D apartment, E apartment, F-one motor vehicle, house, etc. in the Hanan-gun, Hanan-gun, Hanam-gun, and the Defendant distributed and scattered them in a way that they receive mail and put them into a glass window.

Accordingly, the defendant distributed name cards by illegal means, and at the same time, carried out an election campaign prior to the election campaign period.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Name cards, photographs, and name cards collected photographs;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Article 254 (2), Article 255 (2) 5, and Article 93 (1) of the Public Official Election Act (the distribution of name cards by illegal means) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Public Official Election Act due to the distribution of name cards by any method heavier than the punishment)

1. Selection of an alternative fine for punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. The range of punishment by law does not exceed four million won;

2. The scope of the sentencing criteria for the sentencing criteria shall be set out separately for the ordinary concurrent crimes.

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