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(영문) 서울서부지방법원 2014.08.22 2014고합155
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

Any person shall not engage in an election campaign prior to the close thereof.

On June 4, 2014, around 12:19, and around 12:23, the Defendant sent to the Defendant’s home located in Yangcheon-gu Seoul Metropolitan Government, for the purpose of winning E going to the 6th local election Mapo-gu D constituency, and for the purpose of winning the 6th local election, the Defendant sent to 40 persons, such as G, who are the persons with the right to be responsible for the above constituency, from among the members of the F Party in which the Defendant is present, letters stating “I going to E,” as his mobile phone, and carried out an election campaign before the close of the election day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of report on investigation (specific suspect) Acts and subordinate statutes;

1. Relevant provisions concerning criminal facts and Article 254 (1) of the Public Official Election Act for the selection of punishment;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act with respect to the detention of a workhouse refers to the fact that the defendant acknowledges, speaks against, and will not repeat the crime of this case, and the defendant is in the position of E election campaigners, etc.

The purpose of Article 254(1) of the Public Official Election Act is to punish those who are engaged in election campaign on the election day as favorable sentencing factors for the defendant, such as the fact that the defendant would not simply lead to the crime of this case that he was aware of the fact that he did not have been subject to previous punishment and there was no prior conviction other than punishment by fine, and to punish those who were engaged in election campaign on the election day is likely to have the most direct influence on the choice of the voters, so the election campaign on the election day is likely to be carried out indiscreetly by the candidates if permitted, by prohibiting it, to ensure that the exercise of voting rights can be carried out in an orderly and orderly manner by maintaining the peace and peace of the election day, and to prevent adverse effects on the free and reasonable decision-making of electors by the election campaign on the election day.

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