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(영문) 대구지방법원 영덕지원 2018.12.13 2018고합26
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

The defendants are the 7th simultaneous local elections members of G election campaign candidates for the FF head of the Gu.

No one shall distribute or spread printed matters indicating the name of a person who wishes to be a candidate, in contravention of the provisions of the Public Official Election Act, in order to have an influence on the election from 180 days before the election day to the election day: Provided, That the election affairs of the candidate or the designated one person may distribute the name cards only where he/she attends the candidate.

Nevertheless, in order to raise G’s awareness, the Defendants conspired to spread and distribute name cards in the vicinity of the residential area in which G was not carried out.

On June 10, 2018, at around 10:00, the Defendants directly distributed or spread approximately 200 copies of G’s name in the same way at the I apartment, J apartment, K apartment, K apartment, L apartment, M Lending, and each apartment and loan parking lot, including entering the name of G and its marks in the front door or mail of each household of the above apartment, or dividing the name of the vehicle parked in the parking lot into the parking lot. At that time, the Defendants directly distributed or spread approximately 200 copies of G’s name in the same manner at the I apartment, J apartment, K apartment, L apartment, M Ba, and each apartment and loan parking lot.

As a result, the Defendants conspired to distribute or spread printed matters indicating the name of candidate G in order to influence the election.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes (No. 5, 9, 11, 15, 17, 32) of each photograph;

1. The Defendants of the relevant legal provisions and the choice of punishment for criminal facts: Article 255 (2) 5 of the Election of Public Officials Act, the main sentence of Article 93 (1) of the Act, Article 30 of the Criminal Act;

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. Application of the sentencing criteria [type] The two types of illegal election campaigns (violation of the method of election campaign) are violated during the election campaign period.

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