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(영문) 광주지방법원 순천지원 2019.02.14 2018고합247
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

No person, other than a candidate, his/her spouse, election campaign manager, chief of the election campaign liaison office, election campaign worker, assistant accompanying a candidate, and accountant in charge, shall carry out an election campaign using a shoulder belt, cap or clothes with the same shape and color, label, signal flag, signal flag, prop, or other marks during the election campaign period.

The Defendant was a member of the Residents' Self-Governing Committee B until April 30, 2018, and was not dismissed from office until 90 days before the election day, with respect to the election of the 7th local council members of the 7th local council which was implemented on June 13, 2018, the Defendant was unable to be appointed as an election campaign worker of F, who moved to the said election D constituency as a candidate for recommending a political party, and was not reported as an election campaign worker.

그럼에도 피고인은 2018. 6. 1.경부터 2018. 6. 6.경까지 B에 있는 G지점 앞 노상을 비롯하여 위 선거구 일대에서 선거사무원이 아님에도 F을 위하여 F의 성명ㆍ기호ㆍ소속 정당명 등이 기재된 모양과 색상이 동일한 모자와 옷을 착용하고, F의 성명이 적힌 팻말을 지니고 F을 위한 선거운동을 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. The police statement of H and I;

1. Reporting on the dismissal of a member of the Residents' Self-Governing Council B, reporting on the status of preventive and control activities, and the application of relevant Acts and subordinate statutes;

1. Relevant Article 255 (1) 5 and Article 68 (2) 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. The scope of recommendations on the sentencing criteria [decision of types] shall be limited to the basic area of recommendations [no person who has violated the provisions of the Act on Election Campaign and Unlawful Election Campaign in violation of the Election Campaign Period (Method of Election Campaign)] (the scope of recommendations], and seven hundred thousand won.

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