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(영문) 인천지방법원 2014.09.19 2014고합447
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 4, 2014, the Defendant registered on March 6, 2014 as a preliminary candidate belonging to the 6th National Dong-si Incheon Metropolitan City Provincial Election Council C District Non-election, which was implemented on June 4, 2014, and the 6th National Dong-si Local Election Election Election Campaign Period was from May 22, 2014 to June 3, 2014.

No one shall distribute documents, etc. containing details of support and recommendation of candidates to influence the election from 180 days prior to the election day to the election day, and conduct an election campaign except methods prescribed by the Public Official Election Act prior to the election campaign period.

Nevertheless, the defendant from March 27, 2014 to the same year.

4. By December 15, 198, approximately KRW 2,10,00 in the subway stations and shopping malls of Yeonsu-gu Incheon, Incheon and approximately KRW 5,00,00 and distributed approximately KRW 4,678 among the promotional books for the Defendant printed to voters.

Accordingly, the defendant distributed documents by illegal means and violated the election campaign period.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Investigation report (report on the results of investigation into telephone recordings relative to H of a witness);

1. Application of Acts and subordinate statutes to survey documents related to the collection of brochures and bookers;

1. Articles 255 (2) 5 and 93 (1) of the Public Official Election Act concerning facts constituting an offense and Article 255 (2) 5 and 93 (1) of the same Act and Article 254 (2) of the Public Official Election Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for attracting partners in a workhouse;

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. The recommended sentencing criteria; and

A. Violation of the Public Official Election Act due to the distribution of documents by an evasion of the law [decision of type] group of election crimes, violation of the election campaign period and illegal election campaigns, and Type 2 (Violation of Methods of Election Campaign) (Scope of Recommendation] 70,000 won to KRW 2 million (basic area)

B. Violation of the Public Official Election Act due to the violation of the election campaign period [the decision of type].

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