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(영문) 수원지방법원 안양지원 2016.09.09 2016고합107
공직선거법위반
Text

1. The defendant shall be punished by a fine of 300,000 won;

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

Reasons

Punishment of the crime

Some of the facts charged in the instant case were corrected in compliance with the punishment requirements to the extent that it is not likely to substantially disadvantage the defendant's exercise of his/her right to defense.

The defendant is a person who was registered as a preliminary candidate for the E election district in the 20th National Assembly member election that was implemented on April 13, 2016 as a candidate for the E election district ( January 13, 2016) in the 20th National Assembly member election.

No one shall conduct an election campaign by transmitting text messages, such as voice, images, and videos, other than letters, prior to the election campaign period.

Nevertheless, on January 28, 2016, the Defendant, at an election office of five-story G located in Ansan-si, G on January 28, 2016, was unable to change “F’s participation in the competition line”, including F’s pictures, “F,” 20 H promotion “,” prepared for 20 years, the Defendant would be bound to request for the selection of the preliminary candidate F.

It sent 100 letter messages to local voters.

Accordingly, the Defendant carried out an election campaign by means of information and communication that is not prescribed in the Public Official Election Act prior to the election campaign period.

Summary of Evidence

1. Statement by the defendant in court;

1. Some of the records concerning the examination of suspect concerning F by the prosecution;

1. Application of Acts and subordinate statutes concerning partial descriptions and accompanying materials in the I's accusation statement;

1. Article 254 (2) of the relevant Act concerning facts constituting an offense and Article 254 (2) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Articles 70 and 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 punishment by law: Fine of 50,000 won - 4,000,000 won; and

2. Aggravation factors on the sentencing guidelines: Scope of recommended sentences [Determination of types] on election crimes, illegal election campaigns in violation of the election campaign period, and Class 1 (Violation of Election Campaign Period) [Special Sentencing Persons]: Reduction factors where intended for unspecified persons or many other parties: where the degree of violation of the election campaign methods is insignificant, or where the recognition of illegality is considerably weak (Recommendation areas).

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