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(영문) 수원지방법원 2020.10.22 2020고합442
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall install, display, post, or distribute any wreath, balloon, signboard, placard, advertising balloon, advertising balloon, advertising tower, other advertising material or facilities, and wear or distribute a label or other indicating material, in order to have an influence on the election from 180 days before the election day to the election day.

Nevertheless, on April 14, 2020, the Defendant: (a) at the time of laying the “21st National Assembly member election” around April 13:30, 2020; (b) at the time of laying the front of the “21st National Assembly member election”; (c) installed a sign stating the phrase “1045, 1045, 104, 104, 200, 200, 200, 200, 200, 200, 200, 200, 2000, 200, 200, 200, 200, 200, 200, 200, 200, 200, 20,000, 20,000, 20,000, 30,00

Accordingly, the defendant posted advertisements to influence the election.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Data of photographic data related to the installation of signs, and the closure of the course of operation of vehicles;

1. 9 Acts and subordinate statutes applicable to photographic data after a crime prevention CCTV is cut down;

1. Relevant Articles 256 (3) 1 (h) and 90 (1) 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 (100,000 won a day);

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

1. Scope of applicable sentences under law: Fines of 50,000 to 4,000,000; and

2. Scope of recommendations based on the sentencing criteria: The sentencing criteria are not set.

3. Determination of sentence: The current government and the parties in order to influence the election of the instant crime of KRW 500,000 shall have an influence on the election day before the 21th National Assembly member election day;

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