logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2014.09.25 2014고합151
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant was a preliminary candidate for the election of a council member of the Gun Council which has achieved the 6th nationwide local election held on June 4, 2014, and anyone shall not distribute any advertisement or printed matter showing a candidate's name or other similar things, which includes the contents of supporting and recommending a candidate (including any person who intends to become a candidate) or distribute any advertisement or printed matter showing a candidate's name or other things similar thereto, and a preliminary candidate may deliver by mail as prescribed by Regulations of the National Election Commission, after preparing printed matters carrying matters necessary for public relations, such as his/her name, etc. (hereinafter referred to as " promotional materials of a preliminary candidate"), and obtaining a confirmation of his/her purchase, etc. from the competent election commission, in order

Nevertheless, the Defendant prepared promotional materials of preliminary candidates that carried his/her name, photograph, career, and major pledges, and distributed them by means of mail, instead of sending, by carrying 37 copies of the promotional materials of the said preliminary candidate in the Daegu D and E, etc. between around 15:00 and around 18:00 on April 27, 2014 and between around 07:30 and around 09:00 on the following day.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each certificate of F, G, and H;

1. Photographs and promotional materials of each preliminary candidate;

1. Application of Acts and subordinate statutes to the accusation book, investigation report, written estimate, written estimate, the report on dispatch of promotional materials of a preliminary candidate, the current status of spraying promotional materials, the receipt of each official document, etc., and the list of participants

1. Article 255 (2) 5 of the Public Official Election Act and Article 93 (1) of the Public Official Election Act, each of the applicable provisions concerning criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is 1.

arrow