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(영문) 전주지방법원 군산지원 2016.08.11 2016고합84
공직선거법위반
Text

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

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 a person who was a 20th National Assembly member B constituency, which was implemented on April 13, 2016.

In order to make a speech or interview at an open place, a candidate for an election of a National Assembly member in a local constituency may use a motor vehicle and the precise and portable devices attached thereto respectively, but a portable growth shall not be used in any area other than stopping.

On April 11, 2016, from around 17:40 to around 18:20 of the same day, the Defendant used a portable loudspeaker in front of the sales store of “D’s clothes” in C, using a portable loudspeaker possessed without a speech or interview vehicle, to make a campaign speech asking for support for about 40 minutes to the voters who are gathered at that place, and used a portable device in any area other than a campaign speech or interview vehicle stopped.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (on-site photographs and accompanying screen pictures), report on internal investigation (on-site conditions and background of presentation), and report on internal investigation (verification by the E Election Management Committee);

1. Application of Acts and subordinate statutes concerning field photographs and screen pictures;

1. Article 256 (5) 8, Article 79 (4), and Article 79 (3) of the Act on the Election of Public Officials in Charge of Crimes and the Election of elective 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: A fine not exceeding two million won;

2. No sentencing guidelines are set for crimes corresponding to the determination of sentence: The crime of this case by a fine of 500,000 won is that the accused has carried out an election campaign using a positive device in a manner that is not prescribed by the Public Official Election Act, and the legislative intent of the Public Official Election Act, which aims to ensure that the election of public officials is carried out fairly in accordance with the free will of the people and democratic procedures, and to prevent any malpractice related to the election, is taken into account, and thereby contribute to the development of democratic politics, the accused shall be strictly punished.

However, the defendant made a confession of the crime of this case.

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