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(영문) 대구지방법원 포항지원 2014.09.15 2014고합87
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

The defendant is the preliminary candidate for the "B" constituency in the 6th nationwide local election of Ulsan District Court.

No one shall distribute any advertisement, photograph, or printed matter indicating the names of persons intending to become a candidate, without resorting to the provisions of the Public Official Election Act, in order to influence the election from 180 days prior to the election day to the election day, and carry out any election campaign using various printed materials, etc. prior to the election campaign period

Nevertheless, on April 3, 2014, at around 13:00 on April 3, 2014, the Defendant puts up the name of a preliminary candidate in which the name and photograph of the Defendant are posted between the door door of the residence of the “B” electoral elector of the “B” constituency D” residing in Dong 102, 102, and the same month from around that time.

5. From 14:00 to 14:00, with respect to the aggregate of 137 households, such as 3-dong and 24-dong, 3-dong and 110-dong, and 3-family units, a total of 137 households including 14:10 households and 14:00 households, either puts a name in the entrance cresh, or distributes printed materials indicating name on the front floor of the entrance

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Each statement of H, D, I, J, K, L, M and N;

1. Each photograph and name tag;

1. Application of Acts and subordinate statutes to a report on internal investigation (a publication of the registration of a preliminary candidate) and a report on internal investigation (a document appended to data on the current status of household units of C

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a crime of violating the Public Official Election Act due to the distribution of a name by any method heavier than the nature of the crime);

1. Selection of an alternative fine for punishment;

1. Grounds for sentencing under Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)

1. The range of punishment: a fine; 50.

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