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(영문) 인천지방법원 2014.10.17 2014고합601
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

Punishment of the crime

On April 12, 2014 through April 30, 2014, the Defendant publicly announced that “D,” and “E” two places for advertising marketing of the Defendant’s operation, “C candidate C printing” as well as the phrase “C’s PPP PPPP,” and “PP, 10 persons who enter the relevant PPPP, and enjoy “Good PPP” through a lottery, will provide ten persons in total, with free gifts, including a total amount of KRW 3,652,260,00, in order to promote the PPP, which is scheduled to take place on June 4, 2014.”

Accordingly, the Defendant expressed his intention of donation for preliminary candidates C in relation to the election of the Incheon Metropolitan City Mayor, which was scheduled to be held on June 4, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning F and G;

1. A written accusation;

1. Application of the Act and subordinate statutes to cover one premium price of “D” C, one copy of “E”-related premium price, and one copy of “D”-related free gifts, and to cover data and investigation reports (in addition to data submitted by a complainant).

1. Article 257 (1) 1 and Article 115 (General Provisions and Selection of Fines) of the Act on the Election of Public Officials and Articles 257 (1) 1 and 115 (Selection of Fines);

1. Reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for attracting partners in a workhouse;

1. The scope of punishment: A fine not exceeding ten million won;

2. Aggravation of recommendations on the sentencing criteria: Scope of recommendations [decision of type] for election crimes, violation of prohibition of and restriction on contribution acts (special-purposes]: Where a person has committed repeatedly over a considerable period against unspecified persons or many other parties (Scope of recommendations): A fine of one million won to five million won.

3. Determination of sentence: The crime of this case by a fine of one million won was committed by the defendant on the Internet by posting an advertisement to provide free gifts to some of those who participate in the publicity of a specific preliminary candidate in the course of promoting a specific preliminary candidate through the Internet, and such act was committed by the defendant. The establishment of a fair election culture.

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