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(영문) 의정부지방법원 고양지원 2016.08.12 2016고합83
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 conduct an election campaign except as prescribed by the Public Official Election Act prior to an election campaign period.

Nevertheless, the Defendant, among the mountain events opened in Pyeongtaek-gun-gun around November 10, 2015, in relation to G (the 18th National Assembly members, the candidates for the election district in the Goyang-si, the 20th general election party H, and the shot line) that is going to run in the F constituency in the Goyang-si, Goyang-si, Goyang-si, the Defendant: (a) in respect of G (the Dog National Assembly member is going to work in the future if he/she is going to work in the country; and (b) the Dog National Assembly member is going to be capable of practicing it;

Then, I tried to see that it would be able to come to the politics in a more fashion and to see what kind of division would come to our E politics. "I am to come to politics."

Accordingly, the Defendant carried out an election campaign prior to the election campaign period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to recording notes;

1. Article 254 (2) of the relevant Act concerning facts constituting a crime and Article 254 (2) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

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. Scope of punishment by law: A fine not exceeding four million won;

2. Category 1 (Violation of Election Campaign Period) [Special Sentencing Person] and the aggravated element of a recommendation according to the sentencing guidelines: Where a person commits an offense against many other parties [the scope of a recommendation district] and the aggravated element of a recommendation district [the scope of a recommendation district] and one million won to three million won.

3. Determination of sentence: The crime of this case by a fine of KRW 1 million was made by the Defendant prior to the election campaign period for the 20th entire election period, and thus, the Defendant made a statement to the effect that he supports the candidates scheduled to leave the above election during the events of the said mountainous council, thereby impairing the fairness and transparency of the election, and thereby impairing the elector’s fairness and transparency.

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