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(영문) 수원지방법원 2019.01.31 2018고합599
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, who had been in the B market from July 1, 2014 to June 13, 2018, had been working in the 7th regional election of Dong-dong local government, was the representative of D, a support organization of Cparty B, which was a support organization of D, which was going to the candidate for Cparty B market, and had been willing to carry out an election campaign for the purpose of election campaign for D candidate B for the purpose of winning the 4-year anniversary of the above local election.

On May 12, 2018, the Defendant installed a banner “H” at G restaurant located in F on May 17, 2018, and attached posters, etc. that advertised D’s achievements as D markets, and invited members of E, such as Cparty I Do Council, B Si Council candidate K, Dong candidate L, Dong candidate M, Dong candidate M, and B Si/Gun/Gu electorate, etc. to attend, and had participants view the video filming the contents of the promotion of their achievements and the re-marketing of B market as B market for the last four years of D candidate.

Accordingly, the defendant carried out an election campaign in a way other than that permitted in the Public Official Election Act before the election campaign period for the purpose of getting the candidates to be elected.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to N orO by the police;

1. Investigative reports (as of May 12, 2018, taking photographs of events and attaching audio and audio recording notes);

1. Warning against a violation of the Public Official Election Act;

1. Articles 5 through 10, which were subject to the application of Acts and subordinate statutes on the scene of photographing on May 12, 2018, are not objects provided or intended to be provided for the instant crime, and thus, cannot be confiscated.

1. Relevant provisions concerning criminal facts and Article 254 (2) of the Public Official Election Act for 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. A fine not exceeding four million won in the scope of a punishment by law;

2. The scope of recommendation types according to the sentencing criteria (a decision on types) shall be limited to the violation of the election campaign period and illegal election campaigns (a violation of the election campaign period).

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