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(영문) 창원지방법원통영지원 2020.09.03 2020고합69
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

No one shall distribute, post, distribute, play, or run an advertisement, letter of personnel management, poster, photograph, document, picture, printed matter, recording, video tape, and others similar thereto which include contents supporting, recommending, or opposing a political party or candidate without going through the provisions of the Public Official Election Act from 180 days before the election day to the election day, or which indicate the name of a political party or candidate's name, in order to influence on the election, and only one person designated by the candidate may be given the name of the candidate directly during the election campaign period.

Nevertheless, on April 15, 2020, in order to influence the election of the 21st National Assembly member(B constituency), which was implemented on April 15, 2020, the Defendant spreaded the name by setting out the name of the NN candidates belonging to the MN candidates in the order of the above apartment building Ddong, Edong, Edong, Fdong, G Dong, H Dong, G Dong, H Dong, I Dong, J Dong, K Dong, Kdong, and Ldong in and near the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the CCTV video data (Evidence Nos. 5 and 7), the mail box distributed to order, the name tag for promoting the collected election, the CCTV video data from the spreadr of name cards, and the arrangement of C apartment buildings;

1. Relevant Article 255 (2) 5 and the main sentence of Article 93 (1) 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 applicable sentences under law: Fines of 50,000 to 4 million won;

2. Scope of the recommended punishment according to the sentencing criteria [decision of type]. Violation of the election campaign period and illegal election campaign [type 2] method [Specially Convicted Persons] by the method of election campaign: The degree of violation of the methods of election campaign is minor.

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