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(영문) 창원지방법원 통영지원 2019.05.09 2018고합105
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

Criminal facts

The defendant was a person who was born on June 13, 2018 as a candidate belonging to the non-member of the council of the local government of Dong-si local government which was implemented on June 13, 2018.

No person shall make house-to-house visits for an election campaign.

Nevertheless, around 09:25 on April 6, 2018, the Defendant entered the 1st floor investigation of the D police station in C and the criminal team office in C, and distributed the name cards of preliminary candidates to police officers E working at the place. At around that time, the Defendant visited the D police station's female juvenile investigation team office, intelligence criminal investigation team office, information security, and information security office office in order to visit the D police station's female juvenile investigation team office, the intelligence criminal investigation team office, and distributed the name cards of preliminary candidates.

Accordingly, the defendant visited each house for election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of moving lines to a police station office);

1. Article 255 (1) 17 and Article 106 (1) of the Public Official Election Act (generally applicable to the provision applicable to facts constituting an offense and the selection of fines) concerning 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. Scope of applicable sentences under law: Fines of 50,000 to 6 million won;

2. Scope of recommendation types according to the sentencing guidelines [decision of types]. No person who has any type 2 (special person) (the scope of recommendation fields and recommendation types] of election campaign in violation of the election campaign period and illegal election campaign shall be limited to 70,000 won to 2 million won.

3. The defendant's decision of sentencing recognizes his mistake and reflects the fact that there is no possibility of criminal punishment prior to the instant case, and the defendant's age, character and conduct, environment, motive, means and progress of the crime, and circumstances after the crime, etc. are shown in the arguments of the instant case.

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