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(영문) 대전지방법원 서산지원 2014.11.06 2014고합105
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Criminal facts

Except as provided for in the Public Official Election Act, no one shall conduct an election campaign prior to the election campaign period, and no person other than a preliminary candidate appeal for support by means of direct telephone conversations prior to the election campaign period, except as otherwise provided for in the Public Official Election Act, except for the cases where a preliminary candidate appeal for

Nevertheless, on April 12, 2014, the election campaign was carried out by the Defendant, at the third floor D E market office of the building, to the effect that, for the election of D E market preliminary candidates, the Defendant called 10 electors in the E market for the election of D E market preliminary candidates and called “D preliminary candidate election office, as the E market public opinion poll has been conducted, the liquor tax is required to participate well, and D preliminary candidates are well requested.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against F, G, H, I, J, and K;

1. Statement of the police concerning L;

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

1. Relevant provisions concerning criminal facts and Article 254 (2) of the Public Official Election Act for 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 applicable sentences under law: Fines of 50,000 to 5 million won; and

2. Where the degree of violation of the sentencing criteria [Scope of recommending punishment] is insignificant in the mitigated area (referring to a fine of 300,000 won to 90,000 won) (special mitigation] of election campaign in violation of the mitigated area during the election campaign period, and the degree of violation of the methods of election campaign.

3. The crime of this case involving the decision of sentence was committed by a defendant to the electorate for support by telephone prior to the election campaign period for the E market preliminary candidates, and such unlawful election campaign is transparent and fair election culture and the development of democratic politics are not easy.

On the other hand, however, the defendant recognizes all crimes.

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