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(영문) 전주지방법원군산지원 2020.09.24 2020고합108
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

Punishment of the crime

No one shall conduct an election campaign except as prescribed by the Public Official Election Act prior to the election campaign period.

Nevertheless, at around 16:00 on January 7, 2020, the election campaign commencement date ( April 2, 2020), the Defendant complained of support for the above D, a candidate for the 21st National Assembly election, which was held on April 15, 2020 before the election campaign commencement date (hereinafter referred to as "I would like to request various active support so that I can obtain a very high level of results from the total lines of 4 months," such as "I would like to request a large number of active support for D, a candidate for the 21th National Assembly election conducted on April 15, 2020."

Accordingly, the Defendant carried out an election campaign prior to the election campaign period.

Summary of Evidence

1. Application of Acts and subordinate statutes governing the election day of preliminary candidates, recording of legal statements of the accused;

1. Relevant provisions concerning criminal facts and Article 254 (2) of the Public Official Election Act for the selection of 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 applicable sentences under law: Fines of 50,000 to 4 million won; and

2. Reduction elements of types 1 [where the degree of violation of the methods of election campaign is insignificant, the mitigated factors] (where the degree of violation of the methods of election campaign is insignificant, the scope of recommending punishment] according to the sentencing guidelines: The relevant previous election (including a fine): 300,000 won to 90,000 won.

3. Determination of sentence: The crime of this case by a fine of KRW 700,000 is a case where a defendant conducts a prior election campaign in a manner that is not allowed under the Public Official Election Act, and such crime interferes with fair competition among the candidates, encourages the election, and hindering the clean and fair establishment of the culture of election, and the fact that the responsibility for the crime is not easy, and that the defendant has the record of punishment for the same crime is disadvantageous.

However, the defendant's mistake.

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