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(영문) 부산지방법원 서부지원 2018.12.13 2018고합238
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant shall not be allowed to carry out an election campaign with the residents' autonomous council members of the B residents' autonomous council from around December 1, 2004, and the head of Tong/Ri/Dong and the members of the residents' autonomous council established in the Dong residents' autonomous council from around Eup/Myeon/Dong residents' autonomous council.

Nevertheless, at around 16:50 on June 11, 2018, the defendant is bound to do so to 50 members of the "C" to which the defendant belongs.

The local election is set up at our D Political Party E head's request.

In particular, the head of the Gu may not give a female test with only six months after the F director has been appointed.

The candidate "G" and, in particular, the members of the Korean Mountain Association request the candidate "H" E of the new Gu Council member.

There is only a day.

I, as well as the family members, and the others, by the request for support.

The message was sent as “.....”

Accordingly, the defendant was a candidate for the head of I.

J. A candidate for the KND Council member

G, was a candidate for L Council members

The government carried out an election campaign even though it is impossible to carry out an election campaign by smelling about 50 group letters, which appeal H's support.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (limited to attachment of photographs of the column for sending text messages from mobile phones), and a photograph of text messages;

1. Response to a request for identification;

1. Application of Acts and subordinate statutes to detailed statements in currency;

1. Article 255 (1) 2 of the Act on the Election of Public Officials and Article 60 (1) 7 of the Act on the Election of Public Officials for the Punishment of Criminal Crimes (Selection of each fine);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a violation of the Public Official Election Act due to an election campaign against the hot M, the circumstances of which are the largest);

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. The scope of applicable sentences: Fines of 50,000 to 90 million won; and

2. Scope of recommended punishment on the sentencing criteria: Fine of KRW 700,000 to KRW 20 million; and illegal election campaigns violating the election campaign period (violation of the method of election campaign).

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