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(영문) 창원지방법원 거창지원 2018.12.10 2018고합25
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 80,000.

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

Reasons

Punishment of the crime

On June 13, 2018, the defendant was a person who was dispatched to the candidate who belongs to the election of a member of the local assembly C, 7 times nationwide, which was implemented on June 13, 2018.

No person shall make house-to-house visits for an election campaign.

Nevertheless, on June 4, 2018, the Defendant visited the employees by visiting the building and office on the second floor of the building and office located in the office located in the office located in Chungcheongnam-nam-do around 14:15 on June 4, 2018.

E. It shall be received.

As stated in the list of crimes in attached Form 14:50 on the same day, the following: (a) from that time: (b) the number of unspecified petitioners were able to freely visit the C Office’s total 9 places of office, i.e., the number of unspecified petitioners, from that time to 14:50 on the same day.

Accordingly, the defendant visited each unit for election campaign and violated the Public Official Election Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police (Evidence No. 14);

1. Each investigation report (the No. 1, 2, 8, 16, 18 of the evidence list), and internal investigation report (the evidence list No. 12);

1. Application of each photograph (the list Nos. 3, 11, 17), one set of door-to-door visits, one set of CCTV image CDs, one set of name-to-door Acts and subordinate statutes;

1. Article 255 of the Act on the Election of Public Officials and Articles 255 (1) 17 and 106 (1) (generally, selection of fines) of the Act on the Election of Public Officials to commit a crime;

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; and

2. The scope of the recommended punishment on the sentencing criteria [type determination] shall be limited to the violation of the method of election campaign and the illegal election campaign committed in violation of the method of election campaign (violation of the method of election campaign) [decision in the sphere of recommendation] (decision in the sphere of recommendation] basic area (decision in the sphere of recommendation] / [Scope of the recommended punishment] KRW 700,000 won to two million.

3. The crime of this case, which has been decided to be sentenced, was conducted by door-to-door visits in violation of the Public Official Election Act, and is under the Public Official Election Act which strictly regulates the methods, period, etc. of election campaigns in order to ensure the fairness of election;

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