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1. The defendant shall be punished by a fine of 800,000 won;
2. If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant registered as a preliminary candidate on February 26, 2014 to leave the 6th election of the Gyeongbuk-do Provincial Council member at the 2nd election district at the time of the election of the Gyeongbuk-do Provincial Council member, which was implemented on June 4, 2014, and applied for an official election campaign at D party by using a name tag, and even if a preliminary candidate intends to engage in an election campaign by using a name tag, the name tag should be directly given to the other party, it should be given to the other party. However, on March 21, 2014, from around 20:0 to 23:00, the Defendant went back to the 101-dong and 108-dong building (total 8 households, 1,164 households) in the 132 (No. 1) for one’s election campaign, thereby prohibiting the election campaign by inserting it into the entrance door at the entrance of each household.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Police seizure records;
1. A name cards for election purposes;
1. Application of Acts and subordinate statutes to the current status of internal investigation reports, investigation reports, accusation reports, and pre-candidate A-preliminary election campaign collection;
1. Article 255 (2) 5, Article 93 (1), and Article 60-3 (1) 2 of the Public Official Election Act (generality and choice of fines) concerning criminal facts and the selection of punishment;
1. Articles 70 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. A fine not exceeding 50,000 won to four million won within the applicable sentencing range;
2. The basic area (referring to a fine of 700,000 won to two million won) of the types of illegal election campaigns in violation of the guidelines for sentencing [Scope of recommendations].
3. Determination of sentence: The Public Official Election Act, which is the basis of democratic politics, aims to ensure the legitimacy of state power and to contribute to the maintenance and development of democratic politics by ensuring that the public election, which is the basis of democratic politics, is held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to the election, and thus, an election campaign in violation thereof.