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(영문) 전주지방법원 군산지원 2016.07.14 2016고합63
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

Punishment of the crime

Defendant was a candidate for the 20th National Assembly member B constituency implemented on April 13, 2016.

A person who was a member of the election affairs of C(D).

No one shall distribute, attach, spread, screen or display printed matters, such as an advertisement showing the name of a political party or 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, or where the contents of support, recommendation or opposition are included, or the name of a political party or candidate are indicated

On March 10, 2016, around 09:41, the Defendant distributed name cards by placing them above the coffee board so that customers who found the said agricultural cooperative may have been holding the name of 40-50 pages of C, stating the name of the said C, its affiliated political party, photograph, etc., at the point south Hado-do, Doang-do, Doang-do, Doang-do, Doang-do, 1, Doang-do.

Accordingly, the defendant distributed a name indicating the candidate's name without using the method prescribed by the Public Official Election Act in order to influence the election.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation (verification of evidential materials and photographs), and a report on internal investigation (to be accompanied by evidentiary materials recorded byCCTV);

1. Application of the statutes governing field photographs and CCTV video CDs;

1. Article 255 (2) 5 of the Act on the Election of Public Officials and Articles 93 (1) 1 of the Act on the Election of Public Officials in Charge of Criminal Facts (excluding punishment)

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: Fines of 50,000 to 4 million won; and

2. Scope of the recommended punishment according to the sentencing guidelines [type determination] : Violation of the election campaign period, illegal election campaigns, Type 2 (Violation of Method of Election Campaign) [person subject to special sentencing] increased or mitigated elements: None of the basic areas [Scope of the recommended punishment]: fine of KRW 700,000 or KRW 2 million.

3. Determination of sentence: The criminal act of this case in the amount of a fine of KRW 700,000 shall be governed by the Election of Public Officials Act;

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