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(영문) 수원지방법원 2014.09.25 2014고합424
공직선거법위반
Text

Defendant

A shall be punished by a fine of KRW 3,00,00, by a fine of KRW 1,500,000, by a fine of KRW 1,500,00.

The defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A is an election campaign manager of the F Party H candidate in the 6th nationwide City/Do local election of Gyeonggi-do Council members, and Defendant B, C, and D are election campaign workers, respectively.

Only one person designated by a candidate, from among the election campaign managers, election campaign workers and election campaign clerks accompanying a candidate, and persons accompanying a candidate, during the election campaign period, may name the name cards of the candidate directly to the electorates.

Nevertheless, on May 30, 2014, from around 10:00 to around 11:10, the Defendants jointly carried out an election campaign with only one of the following housing units, including I, J, K, L, L, M, N, andO, at home without any H candidate, and with one of the Defendants’ four housing units return to the housing unit, and distributed Chapter 229 to the electorate by taking part in leaving the name of the H candidate in front of the gate, or by taking part in ordering the electorate to the electorate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement on P, Q, R, S, H, and T;

1. Each internal investigation report (the No. 4,8,11 of the evidence list), and each investigation report (the evidence list No. 26,29,43,51);

1. Notification of investigation data, the name tag recovery page, the election campaign worker report, the list of election campaign workers, the list of election campaign workers, the leakage of CCTV, the leakage of CCTV data, and the data to capture CCTV image data, maps, CCTVs, CCTVs, the installation of CCTVs, the distribution of areas where CCTVs are collected, and the application of CCTV copies Acts and subordinate statutes;

1. Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act and Article 30 of the Criminal 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, respectively, of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding 4 million won;

2. The scope of recommendation [the scope of recommendation [the scope of punishment] according to the sentencing guidelines and the scope of punishment [the violation of the methods of election campaigns] shall be limited to the aggravated area (one million won to four million won) (the special person], and the planned and organized crimes in accordance with the sentencing guidelines.

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