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(영문) 울산지방법원 2018.10.12 2018고합180
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to 8 months of imprisonment for a violation of the Public Official Election Act at the Ulsan District Court on November 11, 2016 and was sentenced to 2 years of suspended execution on February 2, 2017, and is currently under suspended execution as of February 2, 2017.

[2] The defendant cannot carry out an election campaign since he was sentenced to a suspended sentence due to an election crime and ten years have not passed since the sentence became final and conclusive.

Nevertheless, around April 17, 2018, the Defendant posted a letter and photograph indicating D's support level by putting D's writing and photograph on D's cell phone on the NAV (2,387 number of subscribers at the time) for the election of the preliminary candidate in the Ulsan market of the political party in the simultaneous local elections of the Republic of Korea at the 7th time, and up to May 8, 2018, the Defendant presented a notice by the same method until May 8, 2018, stating that D's support level is enhanced and publicized 18 times in total, as shown in the list of crimes in the attached list.

Thus, although the defendant could not carry out an election campaign, he carried out an election campaign for D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Copies of a photograph by filing an accusation or capturing a course;

1. Application of the Acts and subordinate statutes to each investigation report and inquiries about criminal records;

1. Relevant Article 255 of the Act on the Election of Public Officials and Articles 255 (1) 2 and 60 (1) 3 of the Act on the Election of Public Officials in Charge of Criminal Facts (a comprehensive selection of fines);

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. The scope of punishment by law: Fine not exceeding 6 million won;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] [the scope of the recommended punishment [the scope of the punishment ] one million won to six million won] in the special aggravated area, where the two types of illegal election campaigns [the violation of the method of election campaigns] [the person subject to special sentencing] election day (the person subject to aggravated punishment], and the same previous conviction [the cases subject to aggravated punishment].

3. Determination of sentence: Dok, Dok.

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