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(영문) 수원지방법원 2016.06.23 2016고합252
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a pastor of the “C church” located in Young-gu, Young-gu.

On April 13, 2016, from around 07:45 to 09:25 on the same day, the Defendant sent the first floor from the D Apartment-gu, Young-gu, Young-si to 401 to 408 Dong-dong. “I need to find out his or her forces to prevent the country from entering into the same mobility, communication, and Islamic ISSS.

It is necessary to affix a five-time model democracy.

The contents of "E (F) for same-sex protective activities" are "E (E (F) for the same-sex protective activities, 192 head of the printed materials on which the list of 19 candidates is posted, and encourage the residents of the apartment in the name-free apartment to vote at the solosophy."

As a result, the Defendant carried out an election campaign and distributed a document containing the contents of support, recommendation, or opposition to the candidate in order to influence the election.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, CCTV photographs and printed materials;

1. Application of Acts and subordinate statutes to confirm identity of persons under suspicion of investigation report (Attachment of printed materials circulated by the person under suspicion), fingerprints of cases violating the Public Official Election Act;

1. Article 254 (1) of the Act on the Election of Public Officials in the relevant Act on Criminal Facts (the point of election campaign day, the selection of fines), Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act (the point of distributing documents by unlawful means, the selection of fines, including the point of distributing documents,);

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes against a violation of the Election of Public Officials due to an election campaign, the more severe punishment, shall be imposed);

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. Scope of sentencing recommended according to the sentencing criteria;

(a) Violation of the Act on Election of Public Offices due to an election campaign [type determination] for a violation of the Election Campaign Act due to an election campaign day, a Gun, a violation of an election campaign period and an illegal election campaign, a Class 1 (Violation of an Election Campaign Period) [Special Aggravation] for an election day, [Scope of recommended punishment] for an aggravated area, a fine of one million won to three million won;

(b) a law;

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