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(영문) 대구지방법원 서부지원 2014.06.19 2014고합69
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is an election campaign worker C by a preliminary candidate for a "person" constituency for the election of the City/Do council members in Daegu City/Si Council members in the sixth-time local election, which is held on June 4, 2014.

No one shall distribute the name cards indicating the name of a preliminary candidate to the election campaign workers who accompany a preliminary candidate, except in cases where the election campaign workers who accompany a preliminary candidate personally hands out the name of a preliminary candidate, in order to influence an election from 180 days before the election day to the election day.

On April 15, 2014, at approximately 10:35, the Defendant distributed 72 copies of the Preliminary Candidates C’’ experience in the Preliminary candidate, and the name cards of the Preliminary candidate C, in a way that G, an employee of “F” in the same Gu E, read “F” on the front side of the P, “F” and the face of the Preliminary candidate, changed from the Preliminary candidate H, Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong and Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong 1 and Dong Dong Dong Dong 1.” On the back, the Defendant distributed 72 copies of the Preliminary candidate C’s career in the Preliminary candidate’s academic background, and distributed them to G by keeping them in the F Accounting System

Accordingly, the defendant distributed printed matters indicating the name of preliminary candidate C in a way that does not follow the Public Official Election Act to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Existing 72 copies (No. 1) of seized C Masters;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334(1) of the Criminal Procedure Act provides for an order of provisional payment;

1. The range of punishment by law shall be not less than 50,000 won but not more than 4 million won;

2. The scope of a recommendation [decision of type] shall be limited to a fine of not less than 70,000 won but not more than 2 million won in the basic field [the scope of a recommendation] of types 2 (Violation of Methods of Election Campaign) [the decision of the recommended field] of election campaign in violation of the election campaign period and illegal election campaign.

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