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(영문) 대구지방법원 2018.11.02 2018고합445
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On June 13, 2018, the Defendant is a member of the E candidate's election campaign, who has been going to the constituency D for the election of a member of the Seoul Metropolitan City Council in Daegu Metropolitan City, a local election of a member of the 7th simultaneous local council.

No one shall distribute or spread the documents, etc. indicating the name of a candidate, in violation of the Public Official Election Act, in order to have an influence on the election from 180 days before the election day to the election day.

Provided, That the direct act of a member of the election affairs accompanying the candidate during the election campaign period to name the candidate shall be permitted.

Nevertheless, the Defendant, on June 7, 2018, 16:00 to 17:30 around Daegu F, G, H, and I walked in the Do, and distributed approximately 70 pages of the name cards stating the above E candidate’s photograph, name, and career to the door and the door of the commercial building, even though he did not accompany the E candidate.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written Statement;

1. A written request for investigation;

1. Application of the Acts and subordinate statutes concerning internal reports and CCTV images;

1. Article 255 (2) 5 of the Act on the Election of Public Officials and the main sentence of Article 93 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts (excluding punishment)

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 punishment by law: A fine not exceeding four million won;

2. Application of the sentencing criteria [Type] Where the recognition of illegality of the Class 2 (Violation of Method of Election Campaign) (person with a special mitigation] is considerably weak (the recommended territory and sentence] mitigated area (the amount of penalty KRW 500,000 or KRW 900,000).

3. Determination of sentence: The Defendant, as a member of the election affairs of a candidate for an election for public office, distributed the name cards of the candidate to the electoral district residents by himself/herself without accompanying the candidate, although he/she is not accompanied by the candidate;

These crimes are the transparency and fairness of the election of public officials in order to achieve through strict regulations.

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