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(영문) 인천지방법원 부천지원 2018.11.23 2018고합162
공직선거법위반
Text

Defendants shall be punished by each fine of KRW 700,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A was elected at the 7th simultaneous local elections conducted on June 13, 2018, by going to be elected as a candidate for the G constituency of the E Party F City Council member, and Defendant B was a person who was working as a head of the election affairs of Defendant A.

Except as otherwise expressly provided for in the Public Official Election Act, no election campaign shall be carried out by means of propaganda facilities and tools, various printed matters, broadcasting, newspapers, news communications, magazines, other publications, campaign meetings, debate meetings, debate meetings, native folks meetings, alumni meetings, neighbors' meetings, other assemblies, information and communications, the establishment of an election organization or private organization, door-to-door visits, or other methods prior to the election campaign period, and no person other than a preliminary candidate shall wear shoulder belts or marks indicating his/her preliminary candidate for the election campaign.

On May 28, 2018, the Defendants divided into H around 08:30 on the road, and Defendant A divided the names of the players, and Defendant B carried out an election campaign in a manner that they return to the Defendant A with the signs indicating the Defendant’s career and pledge.

Accordingly, the Defendants conspired to carry out an election campaign in a way other than that provided in the Public Official Election Act prior to the election campaign period.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on investigation (Attachment of on-site photographs), on-site photographs, and signs;

1. Investigation report (verification as to whether Acts and subordinate statutes are in violation of election laws for public officials in the F) shall apply;

1. Defendants: Article 254(2) of the Act on the Election of Public Officials, Article 30 of the Criminal Act, and the selection of fines for negligence

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. The scope of punishment by law: A fine not exceeding four million won;

2. The scope of the recommended punishment for the sentencing criteria [types] [the scope of the recommended punishment] shall be punished for the violation of the election campaign period and the illegal election campaign.

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