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(영문) 전주지방법원 2016.08.12 2016고합78
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

No one shall distribute, post, distribute, screen, or run an advertisement, letter of personnel management, poster, photograph, document, drawing, drawing, printed matter, recording tape, video tape, and others similar thereto, which contain contents of support, recommendation, or opposition to a political party or candidate, or which indicate the name of a political party or candidate, with the aim of influencing the election from 180 days before the election day to the election day.

The defendant is a new member of the election of the National Assembly member of the 20th National Assembly, who was going to the election district C.

On March 31, 2016, at around 09:00, the Defendant posted 126 printed matters indicating the name of the candidate by inserting a total of 126 boxes by inserting one vote for election of the candidate D in each household in the E apartment entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to F;

1. Each internal investigation report and each investigation report;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes to a report on the appointment of the chief of an election affairs office, election affairs clerk, spouse, and lineal ascendant and descendant;

1. Article 255 (2) 5 and Article 93 (1) of the Act on the Election of Public Officials in Charge of Facts constituting a crime and Article 255 (2) 5 and Article 93 (2) of the Election of Public Officials;

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 4 million won;

2. Application of the sentencing criteria [Type] There is no type 2 (Violation of Method of Election Campaign) [Determination in the sphere of recommendation] (Determination in the sphere of recommendation] of the basic area [Scope of recommendation] between KRW 70,000 and KRW 2 million] of the election campaign period in violation of the election campaign period.

3. Determination of sentence: The crime of this case in which the defendant, who is the cause of election affairs of a candidate for a National Assembly member, inputs 126 pages of a candidate's election by mail in the apartment household, is not less than that of an illegal election campaign; and the crime related to election is objectivity and objectivity of an election.

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