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(영문) 광주지방법원 2018.12.14 2018고합481
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

No one shall interfere with an assembly, speech or traffic in connection with an election, or interfere with the freedom of election by deceptive means, trick or other unlawful means.

Nevertheless, the Defendant, from June 3, 2018 to June 14:00 on June 3, 2018, sent approximately 20 copies of the election campaign bulletin sent by the election management commission at will to the voters who reside in the above apartment in connection with the simultaneous local election at the 7th time, while posting 100 copies of the election campaign bulletin sent by the election management commission at will from around 13:4 to 14:00 on the same day.

The mail is damaged by tear or is discarded in the separate collection of neighboring recyclables.

Accordingly, the Defendant interfered with the freedom of election by tearing the election campaign bulletin sent by the election management commission at Naju, or by collecting recyclables separately, so that it can not be delivered to voters.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on occurrence (including photographs Nos. 2 and attached to the evidence list);

1. Application of CCTV images (No. 12 No. Serials of Evidence) statutes;

1. Article 237 (1) 2 of the relevant Act concerning facts constituting an offense and Article 237 (1) 2 of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 53 and Article 55(1)6 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201) (see, 20

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

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

1. Scope of applicable sentences under law: Fines of 2.5 million won to 15 million won;

2. Scope of the recommended punishment on the sentencing criteria: The sentencing criteria are not set.

3. The crime of this case with a sentence of sentence is not that of obstructing the freedom of election by bringing about about about 20 copies of voting notice or election campaign bulletin, which the defendant sticked on the apartment mail in which he resides, without permission, and damaging or dumping, and the nature of the crime is not easy.

However, the defendant recognized the crime of this case and reflects it, the defendant has no record of the crime exceeding the fine, and the defendant has alcohol.

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