logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.11.27 2014고합356
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

Criminal facts

On June 4, 2014, between 00:00 and 02:00 on the same day, the Defendant distributed approximately 200 copies of the name cards for election of candidates F, in a way that he goes to the E-election district of the City Council of the City Council of the City of the City of the City of the City of the Do of the 6th century, which was implemented on June 4, 2014 at the 02:0 on June 4, 2014.

Accordingly, the defendant spreaded printed matters indicating the name, etc. of the candidate in order to influence the election, and carried out an election campaign on the election day.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A list of transactions;

1. On-site photographs and CCTV closures;

1. Application of Acts and subordinate statutes to report on investigation (report attached to a candidate list, etc.);

1. Article 254 (1) of the Public Official Election Act (a violation of an election campaign period), Articles 255 (2) 5 and 93 (1) of the Public Official Election Act (a violation of an election campaign period) concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment prescribed for a violation of the Public Official Election Act due to a violation of an election campaign period heavier than 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. The scope of punishment: Fines of 50,000 to KRW 6,000,000; and

2. Scope of recommended sentences according to the sentencing guidelines [decision of types] for elections, illegal election campaigns in violation of the election campaign period, types 1 [Scope of recommending fields and recommendations] basic fields, fines of 700,000 won to 1,500,000 won; and

3. Determination of sentence: The crime of this case by fine 1,00,000 won was committed by the defendant by spraying a name that the candidate's photograph and summary is written on the day of election, thereby impairing the fairness of election, which is the foundation of free democracy, by hindering fair and reasonable judgment of voters.

arrow