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(영문) 대전지방법원 2014.11.27 2014고합377
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

No one shall distribute, post, spread, show or post any content supporting, recommending or opposing a political party or candidate, or printed matters indicating the name of a political party or candidate's name, or other similar things, in order to influence the election from 180 days prior to the election day to the election day, 10,00 persons designated by the candidate, from among those accompanying the candidate, his/her spouse or lineal ascendants or descendants, election campaign workers, assistant, candidate or his/her spouse, respectively.

Nevertheless, on June 3, 2014, from around 20:30 to 21:54, the Defendant distributed the name, photograph, telephone number, academic background, election pledge, etc. of E, which is the candidate of D Council members, to the elevator, by placing 61 copies of the name of E, which is the candidate of D Council members.

Accordingly, the defendant did not follow the Public Official Election Act, and distributed printed matters indicating the name of E, a candidate of the D Council member.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. 21 sheeted box;

1. Application of CCTV-related Acts and subordinate statutes to a name tag distribution site;

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. 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 4,000,000 won;

2. Application of the sentencing criteria [Determination of types] where the degree of violation of the methods of election campaigns is insignificant (Scope of recommending punishment] a fine of 50 million won - 900,000 won - 900,000 won [general mitigation factors] serious reflective factors, and there is no record of criminal punishment.

3. Determination of sentence: Defendant for the instant crime of KRW 500,000.

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