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(영문) 광주지방법원 순천지원 2016.06.09 2016고합63
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

The defendant shall not distribute or spread printed matters, etc. indicating the name of the candidate, except where he/she attends the election for the 20th National Assembly member who was carried out on April 13, 2016 as a candidate for the election of the 20th National Assembly member who was carried out on April 13, 2016, and the election campaign worker directly carries out the name of the candidate while going along with the candidate.

Nevertheless, on March 31, 2016, the Defendant distributed about 20 copies of the above D’s name cards around 14:00, the Defendant distributed and spread around 20 copies of the D’s name cards, such as putting the name cards of the D on nearby houses, launds, etc., or spreading the name cards of the D’s name-free women who passed the street.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of Acts and subordinate statutes concerning field photographs for the distribution of name cards;

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. Scope of the recommended punishment according to the sentencing guidelines [type determination] : Violation of the election campaign period, illegal election campaign, type 2 (Violation of Method of Election Campaign) (person with special sentencing): Where the degree of violation of methods of election campaign is insignificant - Where the degree of violation of methods of election campaign is minor - Where the degree of aggravation is imminent [Scope of recommended punishment] basic area: KRW 70,000 to two million on the election day.

3. The crime of this case, which is determined to be sentenced, is an act of campaigning in an election campaign that must be fair in a way other than that prescribed by the Public Official Election Act, and that breaking the expectation of fair elections, and the Defendant committed the crime of this case while receiving education on the method of election campaign. The time when the crime of this case was committed is the time when the election was not held and two weeks was left ahead, etc., which are disadvantageous to the Defendant.

However, the defendant himself.

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