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(영문) 인천지방법원 2019.05.03 2018고합814
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall post any advertisement, letter of personnel affairs, poster, photograph, document, drawing, or printed matter showing the name of a candidate, without going through 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.

Nevertheless, the Defendant from March 2018, 201.

5. up to 24. From the oral repair shop for the operation of the defendant in Jung-gu Incheon Metropolitan City, approximately 10 boxes for the election of the 7th National Assembly members (D constituency) related to the nationwide local election of the 3rd National Assembly members related to the local election of the 7th National Assembly members of Jung-gu, Incheon, posted 10 copies of the above oral repair shop to the display stand, and up to 80 copies of the total number of customers posted 10 copies by posting 10 on their face and face.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act concerning criminal facts and 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. The scope of punishment by law: Fines of not less than 50,000 won but not more than 4 million won;

2. Scope of recommendations on the sentencing guidelines [the scope of recommendations] [the scope of punishment on a recommendation] mitigation factors (where the degree of violation of methods of election campaigns is minor] (where the degree of violation of methods of election campaigns is minor] of types 2 (Violation of Methods of Election Campaign) (the violation of methods of election campaigns) in violation of the election campaign period and illegal election campaigns during the election campaign period.

3. The crime of this case where the defendant, in violation of the election campaign method, posted the name of the preliminary candidate for the election of the Gu council member in violation of the election campaign method, and the crime of this case is not less complicated in that it damages the legislative intent of the Public Official Election Act which provides the election campaign method and damages the fairness

However, the defendant is led to confession and reflect on the crime of this case, and has no record of the same crime.

The defendant is prohibited from posting or posting the name cards of a candidate.

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