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(영문) 대구지방법원 김천지원 2014.10.10 2014고합71
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

Punishment of the crime

The Defendant is a person who operates a gymnasium in the name of “D” from the 2nd floor of Kimcheon-si.

No one shall distribute, post, spread, show or run an advertisement, letter of personnel management, poster, photograph, document, picture, picture, printed matter, recording, video tape or others similar thereto, which contains the contents of supporting, recommending or opposing a political party or candidate (including a person intending to become a candidate), or which indicates 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.

On April 12, 2014, the Defendant: (a) around 21:00, around 101, at around 101, the 6th nationwide Dong-si Local Election, Kimcheon-si Election, a preliminary candidate (preliminary candidate registration on March 3, 2014), stating F’s photograph, career, etc., a preliminary candidate (preliminary candidate registration on March 3, 2014), was distributed in front of the entrance of the above apartment unit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes to police investigation reports (in relation to attachment of photographs, the attachment of strings and D on-site photographs, the attachment of strings);

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 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 for the order of provisional payment [the scope of punishment] 50,000 won to 4 million won [the decision of type] , election crimes, illegal election campaigns in violation of the election campaign period, and Type 2 (Violation of Election Campaign Method] : Where the degree of violation of the method of election campaign is minor (the scope of decision of the recommended area and the scope of punishment for recommendation] where the degree of violation of the method of election campaign is minor (the scope of punishment for decision of recommendation area and the scope of punishment for recommendation): there is no mitigation element.

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