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(영문) 서울중앙지방법원 2016.11.03 2016고합855
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

The defendant is a Cparty member who is a member of the Kakao Group, who is comprised of 103 residents living in the vicinity of the E Station located in Seoul D and works for the Kakao Group.

No one shall conduct an election campaign before the close thereof on the election day.

On April 13, 2016, the Defendant, at the Seoul F apartment parking lot, connected the Defendant’s cell phone to the above Kakakao Stockholm Group 200, posted the phrase “I” and the campaign posters photographs for election campaign, containing the H candidate’s photograph, in order to have the 20th National Assembly member election, which was implemented on April 13, 2016, won the 20th National Assembly member election.

Accordingly, the Defendant carried out an election campaign for the above H candidate before the close of the election day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to J and K;

1. Investigation report (Attachment of a photograph by cutting down the contents of conversations with the Kakakao Group 2), investigation report (Attachment of documents related to the measures of the election commission), investigation report (a place of confirmation carrying photographs on the Kakao 20tho Stockholm);

1. Application of the Acts and subordinate statutes to requests for cooperation in investigation and photographs by cutting down the Kakao Stockholm photographs and the contents of the Kakakao Group Kakaogle conversations;

1. Relevant Article 254 (1) of the Public Official Election Act and Article 254 (1) of the Public Official Election Act concerning criminal facts;

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 by law: Fine not exceeding 6 million won;

2. The scope of recommended sentences according to the sentencing guidelines [decision of type] election crimes, illegal election campaigns in violation of the election campaign period, and Type 1 (Violation of the Election Campaign Period): Where an aggravated factor is imminent on the election day, there is no such element for the same criminal records and mitigation (general person): there is no such element. [The scope of recommending punishment] mitigated factors: The amount of fine of KRW 1 million to KRW 4.5 million (the upper limit of the amount of recommended sentences is aggravated by 1/2 because there are two or more special persons).

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