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(영문) 서울서부지방법원 2020.09.23 2020고합183
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 was registered as the election campaign worker of the candidate Cparty D in the Seoul Seoul constituency for the 21st National Assembly member election, and E was an election campaign worker without being registered as the election campaign worker.

No one shall distribute, post, spread, play, or run an advertisement, letter of personnel management, poster, photograph, document, picture, picture, printed matter, recording, video tape, and others similar thereto which include contents supporting, recommending, or opposing a political party or candidate (including a person who intends to become a candidate) in order to influence the election from 180 days prior to the election day to the election day, or which indicate the name of a political party or candidate's name.

Nevertheless, at around 12:40 on April 6, 2020, the Defendant attached two above D’s name cards on the outer wall of the restaurant “G” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with E, using a contact tape.

The Defendant and E, together with this day, affixed a total of 18 copies of the above D's name cards on seven occasions, such as the list of crimes in the attached list of crimes.

Accordingly, the Defendant posted a printed name indicating the above D name in collusion with E in order to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to notify the internal investigation report (CCTV analysis, identification of suspected persons, etc.), investigation report (related to the submission of original files of photographs related to the posting and spraying of name cards), and notification of investigative data related to the spraying of name cards for election campaigns;

1. Relevant Article 255 (2) 5, the main sentence of Article 93 (1) and Article 30 of the Criminal Act concerning criminal facts, the selection of punishment, and Article 255 (2) 5 of the Public Official Election Act;

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 4 million won;

2. The sentencing criteria shall be based on; and

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