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(영문) 부산지방법원동부지원 2020.10.13 2020고합133
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who had been working as Busan B passbook from November 10, 2005 to April 22, 2020.

No head of a Tong/Ri/Dong and members of a residents' autonomous council established in an Eup/Myeon/Dong residents' autonomous council shall engage in an election campaign.

Nevertheless, on April 13, 2020, the Defendant prepared a text message stating that “candidate D will have his own friendship,” using a mobile phone at the Defendant’s office located in Busan, and sent it to 24 head of Tong/Dong Administrative Welfare Center affiliated with Edong Administrative Welfare Center.

As a result, the Defendant, who was unable to carry out an election campaign as the head of the Tong, carried out an election campaign for the H candidate for the 21st National Assembly member election campaign.

Summary of Evidence

1. Examination of the accused's suspect's interrogation statement by prosecution;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to the list of E-dong bankbooks, career certificates of bankbooks, and internal investigation reports (to listen to telephone statements with E-dong bankbooks);

1. Relevant Article 255 (1) 2 and Article 60 (1) 7 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. Scope of punishment by law: A fine not exceeding six million won;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] [Attachment 2] Violation of the method of election campaign in violation of the election campaign period and illegal election campaign [Attachment 2] - Where a person is imminent on the election day: Where he/she commits a crime by taking advantage of social status or influence (excluding cases where teachers are applied to a person under command] [the scope of the recommended area and the recommended sentence] special heavy area, one million won to six million won (general person) - mitigated element of punishment: None of criminal records;

3. Determination of sentence: The following multiple sentencing conditions, including a fine of one million won, and the age, character, conduct and environment of the defendant, as well as the motive and condition of the crime in this case.

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