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(영문) 광주지방법원 2014.11.28 2014고합477
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the spouse of D who was elected after going to be a candidate for the City Council member of the 6th City/Do local election which was implemented on June 4, 2014.

No one shall distribute, affix, spread, play, or run an advertisement, letter of personnel management, poster, poster, photograph, document, picture, picture, printed matter, recording, video tape, and others similar thereto, which contain contents of supporting, recommending, or opposing a political party or candidate with the intention of influencing an election from 180 days before the election day to the election day.

Nevertheless, at around 13:00 on June 2, 2014, the Defendant distributed to the electorates six copies of a document in which the form of ballot paper in which the F Party candidate was put in the form of the F Party candidate D was expanded to the size of the paper A4, and on the same day, one copy of the same document was distributed to the electorates in the Gu senior citizen center, H apartment community center, H apartment community center, senior citizen hall, K senior citizen hall, and Jalle Party, K senior citizen hall, and Malle Party, and Nalle Party respectively, and fourteen copies of the same document were distributed to the electorates.

Accordingly, the defendant distributed documents containing the contents of supporting D candidates.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer concerning theO;

1. Application of Acts and subordinate statutes on publicity and reproduction related to elections;

1. Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act (generality and choice of fines) concerning criminal facts and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding four million won;

2. The scope of the recommended sentences according to the sentencing guidelines [decision of types] [Violation of Method of Election Campaign)] mitigated factors (where the degree of violation of method of election campaign is minor) (where the degree of violation of method of election campaign is minor on the election day] [the scope of decision-making and recommendation range in the recommended sphere] of the basic area 70,000 won or two million won.

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