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(영문) 제주지방법원 2016.10.20 2016고합110
공직선거법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant was a person who was dispatched to a by-election of a National Assembly member on April 13, 2016 and was killed.

No person shall make house-to-house visits for an election campaign.

Nevertheless, at around 13:35 on February 11, 2016, the Defendant visited the 7 offices of the above DNA viewing (the planning and budget office, office, culture and arts office, office, deputy office, market office, office of general administration, office of self-government administration, office of official gazette, office of official gazette, etc.) from the 14:06 day to find out the 3rd floor planning, budget office, and office of the 1st floor of the 1st floor of the 1st floor of the 4th unit of the 4th unit of the 4th unit of the 4th unit of the 4th unit of the 4th unit of the 2016 unit of the 4th unit of the 1st unit of the

Accordingly, the defendant visited each house for election campaign.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Article 255 (1) 17 and Article 106 (1) of the Public Official Election Act and Article 255 (1) of the same Act concerning criminal facts and the selection of fines;

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 6 million won; and

2. Scope of recommendations based on the sentencing criteria: A fine of KRW 700,00 to KRW 2 million (decision of type): A fine of KRW 700,000 or KRW 2 million (decision of type) has no violation of the methods of election campaigns and illegal election campaigns (violation of methods of election campaigns) [decision of the recommended field] basic area [decision of the recommended area] and a fine of KRW 70,00,000 to KRW 2 million.

3. Determination of sentence: a fine not exceeding 700,000 won Defendant visited the office of a public petitioner, who is unable to freely access, by means of door-to-door visits prohibited by the Public Official Election Act, to conduct an election campaign.

The method of election campaigns is strictly restricted so that elections are held fairly in accordance with the free will of the people and democratic procedures.

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