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(영문) 부산지방법원서부지원 2020.08.20 2020고합94
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, as the chairman of the B Party Busan City Party, is the 21st National Assembly member B Party Ccandidate election campaign worker.

No one shall allow a minor under 18 years of age to wage an election campaign.

Nevertheless, on April 2020, the Defendant, through the Internet bulletin board of the B Party and the B Party Busan City City City Party, had a minor, who is a party member of the B Party, expressed the election campaign schedule and place to mobilize D to the election campaign.

Accordingly, from April 7, 2020 to 08:30 on April 7, 2020 to Busan E, the Defendant had D wear a shoulder belt with the name of Bparty C candidate F for the 21st election of National Assembly members, and put B Party Category G on a ticket with the B Party Category G mark and appeal to the B Party candidate for voting by means of personnel driving a vehicle driving at that place.

On April 8, 2020, from around 07:0 to 08:30 on April 8, 2020, the Defendant had D appeal to the candidates for B party in the same manner as the preceding day, before Busan H Public Welfare Center.

Accordingly, the defendant let D, who is a minor under 18 years of age, carry out an election campaign.

Summary of Evidence

1. Application of the defendant's legal statement D, each police statement of the I to the defendant, investigation report (verification of suspect's Facebook), investigation report (verification of the fact that the suspect is registered as election campaign workers), DNA photograph, cooperation and cooperation with the National Election Commission in the investigation and response Acts and subordinate statutes of the National Election Commission;

1. Article 255 (1) 2 and Article 60 (1) 2 of the Public Official Election Act concerning criminal facts;

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

1. Scope of punishment by law: Fines of 50,000 to 6 million won;

2. The scope of recommendation [decision of type] according to the sentencing criteria for the election crimes; 4. Violation of the election campaign period and illegal election campaigns [type 2]. Violation of the method of election campaign (special person].

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