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(영문) 인천지방법원 부천지원 2018.11.23 2018고합205
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

On June 13, 2018, the defendant is a candidate D for a political party C branch office of a national local election.

Only a candidate, his/her family, chief of an election affairs, director of liaison with elections, election secretary, accountant in charge, and assistant for activities accompanying the candidate may distribute a campaign promise.

Nevertheless, on June 5, 2018, the Defendant posted E Apartment F andG and H apartment I and J, and had 18 persons, including K, who are not office workers of D candidates for D branch offices of B political parties, input approximately 1,160 copies (18/27 x 1,740 x 740) of the above D election campaign promises, and had 9 persons, such as N, who are not office workers of B party L market candidates, input approximately 580 copies (9/27 x 1,740) of the above M election campaign promises.

Accordingly, the Defendant conspiredd with 18 and 9 others such as the above K, etc., and distributed the election campaign promises in violation of the distribution entity of the election campaign promises.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to K,O, and P;

1. Each internal investigation report and investigation report (specific criminal facts);

1. A copy of the certificate of election affairs personnel, a list of election affairs personnel, a register of D candidate election campaign offices and election affairs personnel, a register of M election campaign offices and election affairs personnel, and the register of candidates for the M

1. Application of Acts and subordinate statutes to photographs by each mail box and by cutting down each CCTV image images;

1. Article 255 (2) 1-3, and Article 66 (5) of the Act on the Election of Public Officials in Charge of Crimes, Article 255 (2) 3, and Article 30 of the Criminal Act;

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. Fines of 50,000 to 4 million won within the applicable sentencing range by law; and

2. Scope of the recommended punishment on the sentencing criteria [the types] [the scope of the punishment for a fine of KRW 70,000 or KRW 2 million] basic area, the basic area of the punishment for a fine of KRW 700,000 or KRW 2 million.

3. The crime of this case in which a sentence is to be sentenced is to be distributed by the defendant in such a way that the election campaign promises equivalent to 1,740 are prohibited by the Public Official Election Act.

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