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(영문) 대구지방법원 2014.08.08 2014고합313
공직선거법위반
Text

1. Defendant shall be punished by a fine of KRW 1,200,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the 6th election campaign worker who was implemented on June 4, 2014, who was a candidate for the E-party of the nationwide constituency for the nationwide constituency for the City/Do election.

No one shall distribute, post, spread, play, or run an advertisement, personnel record, poster, photograph, document, picture, drawing, printed matter, recording, video tape or others similar thereto which include contents supporting, recommending or opposing a political party or candidate, or which indicate the name of a political party or candidate, in order to have an influence on the election from 180 days prior to the election day to the election day.

Nevertheless, on June 1, 2014, from around 08:00 to 09:00, the Defendant distributed 1,071 copies of the name tag of F apartment from the first floor of each of the first floors of the F apartment units to “a young young who sold them” in each of the F apartment units, by placing them in each of the postal units.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of internal investigation reports and investigation reports (including attached documents and photographs);

1. Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act (generality and choice of fines) 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

2. Where he/she stays on the election day in the increased area (one million won or four million won to four million won) of the election campaign in violation of types 2 (Violation of Methods of Election Campaign) during the election campaign period (the scope of a recommendation) according to the sentencing guidelines.

3. Determination of sentence: The Public Official Election Act, which serves as the basis of democratic politics, guarantees the legitimacy of state power and contributes to the maintenance and development of democratic politics by ensuring that the public election, which is the basis of democratic politics, is held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to the election;

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