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(영문) 광주지방법원 2014.12.05 2014고합467
공직선거법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 7, 2014, the Defendant registered as a preliminary candidate for the Celection of the Seoul metropolitan council member of the Seoul metropolitan council of the Dong-gu Seoul metropolitan council on March 6, 2014.

No one shall distribute, post, propagate, spread, show or post advertisements, personnel management books, posters, photographs, documents, paintings, paintings, printed matters, recording or video tapes and others similar thereto, which indicate the name of a candidate, except in cases where he/she directly gives the name of a candidate, in order to influence the election from 180 days prior to the election day to the election day.

On May 18, 2014, the Defendant distributed 400 copies of the name cards for election campaign, in which the name of the Defendant was written, from the D apartment and E apartment in the Southern-gu Seoul metropolitan area, by putting them inside the elevator of each apartment, front of the household entrance, and the gap of windows inside the elevator of the above apartment.

Accordingly, the defendant distributed a printed name stating the name of the defendant in order to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. The details of collection of the name cards of a foundation A (C constituency), the details of CCTV data ( May 18, 2014), and the application of the A election campaign name cards (D apartments)-in photographs (D apartments)-in photographs for the A election campaign;

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 (1) 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 [the scope of punishment] 4 million won or less [the decision of type] [the violation of the method of election campaign] in violation of the election campaign period and illegal election campaigns (the decision of the recommended field] / [the scope of punishment] basic area / [the scope of punishment of a fine / [the general person] 70,000 won or 2 million won [the general person] - The serious reflective factor - The defendant distributed his/her name by means other than those prescribed in the Public Official Election Act [the decision of sentence] 1 million won or less, and distributed his/her name.

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