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(영문) 부산지방법원 2014.07.15 2014고합410
공직선거법위반
Text

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

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, picture, printed matter, recording, video tape, and others similar thereto, which include contents of supporting, recommending, or opposing a political party or candidate's name, or which indicate the name of a political party or candidate's name, in order to influence an election from 180 days before the election day to the election day.

Public Official Election Act provides that candidates can engage in election campaigns by directly ordering candidates to participate in election campaigns.

Nevertheless, from May 24, 2014 to 13:30 on May 24, 2014, the Defendant spreaded approximately 77 copies of the above name cards by inserting one copy of the name cards for election campaign of F, a candidate for the election of the members of the Gangseo-gu Busan Metropolitan City Council (E), which is carried out on June 4, 2014, in the difference of the windows of driving seat of motor vehicles parked in each of the parking lots of 306 Dong, 309 Dong and 310 Dong-gu, Busan Metropolitan City.

Accordingly, the defendant spreaded documents indicating the name of F, a candidate in violation of the Public Official Election Act in order to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs (on-site) and photographs of distribution of suspect cards;

1. Each internal report (the search and investigation of the vicinity of the scene, such asCCTV, and the verification of the lutoo of the volume);

1. Application of the existing Acts and subordinate statutes of 77 (No. 1) of seized name cards;

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 (1) 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of punishment] A fine of KRW 50,000 to KRW 4,000 [the decision of type] election crimes, and illegal election campaigns violating the election campaign period.

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