logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.08.31 2018고합341
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

The defendant is a person who registered as a preliminary candidate for the D party to the election of C military council members on April 1, 2018 in connection with the 7th local election implemented on June 13, 2018.

No one shall distribute name cards, etc. indicating the name of a person who wishes to be a candidate, in contravention of the provisions of the Election of Public Offices Act, in order to have an influence on the election from 180 days before the election day to the election day.

Nevertheless, on February 21, 2018, from around 07:51 to 08:23, the Defendant divided the name cards containing the name, photograph, career, etc. of the Defendant to many unspecified public officials, such as F, etc., of the public officials of C/Gun office, who worked in the parking lot inside the C/Gun office located in south E (8.5cm wide, 5cm long).

Accordingly, the defendant distributed the name of the person who wants to be a candidate to influence the election.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on internal investigation (including the documents and photographs attached Nos. 3, 13, 16, and 16);

1. Application of Acts and subordinate statutes on police statements made to F, G, H, and I;

1. Article 255 (2) 5 and Article 93 (1) of the Act on the Election of Public Officials in Charge of Facts constituting a crime and Article 255 (2) 5 and Article 93 (2) of the Election of Public Officials;

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. Scope of applicable sentences under law: Fines of 50,000 to 40 million won;

2. Scope of the recommended punishment on the sentencing guidelines / [type of decision] scope of the recommended punishment on the basis of the sentencing guidelines / [ Violation of methods of election campaign) 2 (Special Sentencing) [person in violation of methods of election campaign] mitigated elements / Where the degree of violation of methods of election campaign is minor, the aggravated factors - the degree of violation of methods of election campaign - the range of the same previous conviction (including punishment in the recommended sphere and the scope of the recommended punishment] mitigated area (limited to KRW 500,00

3. The crime of this case committed on June 13, 2018 by the Defendant, who tried to leave the election of C military council members in the 7th local election conducted on June 13, 2018, is ordered against C military residents prior to the election campaign period.

arrow