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(영문) 대구지방법원 상주지원 2017.09.07 2017고합23
공직선거법위반
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The sentence against the accused shall be determined by a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

The defendant is the chief of the compilation bureau B.

Except as provided for in the Election of Public Officials Act, no one shall distribute, spread, post, or affix a newspaper, communication, magazine, or the organ of an institution, organization, or facility, or any other publication that carries an article related to an election, in a way other than ordinary methods, or distribute, spread, post, or affix such article by reproducing it.

At around April 8, 2017, the Defendant published approximately 5,00 copies of the newspaper No. 110, No. 110, No. 72, 51, 44, 49, 49, 46, 46, 10, 20, 200, 110, 110, 110, 110, 200, 110, 200, 110, 200, 110,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00,000,00

However, B was a newspaper that issued approximately 3,500 copies per month and distributed only in L areas, and was already issued as of April 4, 2017, which had already been issued as of April 4, 2017. The above 110 copies issued approximately 5,00 copies in other characteristics, and distributed them to G Gun and H Gun.

Accordingly, the defendant distributed 260 copies of the newspaper containing an article about the election in a way other than ordinary way.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Each written confirmation of N,O, P, Q, and R;

1. The accusation, B distribution place, B 2017 distribution status, and distribution place;

1. Application of Acts and subordinate statutes of the investigation report (B No. 110 attachment), investigation report (B No. 109, 111 attachment);

1. Article 252 (3) and Article 95 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials (generally, selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 6 million won;

2. Scope of the recommended punishment on the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: a fine of one million won.

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