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(영문) 광주지방법원 장흥지원 2018.10.30 2018고합20
공직선거법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

B was registered as a preliminary candidate for nationwide simultaneous local election C on June 13, 2018, which was conducted on June 13, 2018, and the defendant tried to help the election campaign as B's volunteer from May 12, 2018.

No one shall distribute any advertisement, letter of personnel management, poster, photograph, document, drawing, printed matter, recording tape or others similar thereto, which contains contents of supporting, recommending or opposing a candidate (a person intending to become a candidate) with the aim of influencing the election from 180 days before the election day to the election day, or which indicates a candidate's name, to the election day.

Nevertheless, the Defendant, at around 10:00 on May 18, 2018, started “E” in “E” located in “F, G, and H” upon having requested the owner of the place of business to support B, and “F, G, and H” begins again.

The defendant's name, stating the content of ", sent to 19 business owners around the place, such as a fluence of the defendant's name, as described in " 19."

Accordingly, the Defendant distributed the name of the document indicating B, which is a document indicating the name of the person who wishes to be a candidate of C head of the Gun in order to influence the election from 180 days before the 7th simultaneous local election day to the election day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Investigation report (the E business owners inD and interviews);

1. Application of Acts and subordinate statutes to investigation reports (abs and photographs attached to the name cards voluntarily submitted by the person under investigation);

1. Article 255 of the Act on the Election of Public Officials and Articles 255 (2) 5 and 93 (1) of the Act on the Election of Public Officials concerning Criminal Facts, and 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. A fine not exceeding four million won in the scope of the punishment;

2. Application of the sentencing criteria [Scope of recommendations] Type 2 (Violation of Methods of Election Campaign) shall be applied to the election campaign period.

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