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(영문) 울산지방법원 2018.11.30 2018고합209
공직선거법위반
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Anyone shall post a banner under the Public Official Election Act in connection with an election campaign at a certain place or facility, and shall not do so by passing along roads under Article 2 of the Road Traffic Act.

1. On May 31, 2018, from around 00:00 to around 04:00, Defendant A 5.5 meters in the width of Ulsan-gu E, Ulsan-gu, the 7-time simultaneous local election, and 7-time simultaneous local election, carried out in the F constituency of a National Assembly member of the Nam-gu, Ulsan-gu, Seoul-gu, Seoul-gu, Seoul-do, one banner for the election of candidate H of G political party candidate H and one banner for G political party candidate I going through each road.

2. On May 31, 2018, from around 00:00 to around 04:00, Defendant B her walked on the same road as indicated in paragraph (1) and one banner of K-election banner of a candidate J political party run at the 7 simultaneous local election Ulsan market across the country.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made against L/M;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Article 256 of the Act on the Election of Public Officials and Article 256 (3) 1 (a) and Article 67 (3) of the same Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, respectively, of the order of provisional payment;

1. Scope of applicable sentences under law: Fines of 50,000 to 4,000,000;

2. Scope of the recommended punishment according to the sentencing criteria: Whether the sentencing criteria are not set.

3. Determination of sentence: The crime of this case is that the defendants installed a banner in violation of the method of posting a banner under the Public Official Election Act; thus, in order to ensure the fairness of election, the purpose of the election campaign law that strictly regulates the methods of election campaigns is harmed; and as such, there is a risk of undermining the fairness of election by affecting the right decision making of the candidates, the crime is disadvantageous to the defendants.

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