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(영문) 서울중앙지방법원 2014.11.25 2014고합1227
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall distribute, attach, spread or post advertisements, personnel management books, posters, photographs, documents, drawings, paintings, printed materials or other things similar thereto, which include contents supporting, recommending or opposing a candidate, or which indicate the name of a political party or candidate, in order to influence the election from 180 days before the election day to the election day, or which indicate the name of a political party or candidate.

Nevertheless, at around 10:30 on May 9, 2014, the Defendant posted 59 copies of the name, photograph, etc. of the above I candidate in the post office of the National Assembly member of the Gangnam-gu Seoul Gangnam-gu Seoul J apartment unit on June 4, 2014, in order to influence the election of the I candidate who was going to a non-affiliated district of the Gangnam-gu Seoul Metropolitan Council member of Seoul Metropolitan Government (D, E,F, G, and H). On May 10, 2014, the Defendant posted 59 copies of the name, photograph, etc. of the above I candidate, and on June 11, 2014, posted 1,031 copies of the above I candidate's name, 1,031, respectively, in the post office of the above I candidate for each household of the same L apartment unit of 22,00 Dong-dong,

Accordingly, the defendant distributed I's name indicating I's name, photograph, etc. not according to the Public Official Election Act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the prosecution of I;

1. A report on internal investigation;

1. Application of the Acts and subordinate statutes on the five copies of photographs, the photographs of the name cards of the I candidate candidate who is put in by the mail of the K apartment unit, and the photographs of the I election name cards put in by the mail of the L apartment unit 206;

1. Relevant Article of the Act and the main sentence of Article 255 (2) 5 and the main sentence of Article 93 (1) of the Public Official Election Act (to select a fine, including, but not limited to, the date of each crime);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes provided for in the Public Official Election Act as of May 11, 2014 with heavy penalty)

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. Scope of punishment by law: A fine not exceeding six million won;

2. Application of the sentencing criteria;

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