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(영문) 광주지방법원 순천지원 2016.09.29 2016고합140
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Defendant around April 13, 2016, around C, around 08:41, around C, 102 Dong 1104, at the Defendant’s home, 12 persons, including D, “ multiple eligible persons, E, and even more than 300 trillion Won.”

In the past election, FF parties have difficulty in our country only once the pledges were involved in our country.

In other words, I cannot belong to.

E is believed only once to believe that E is one week.

It is possible to create the future of E with a greater amount of G.

Do governor shall have an opportunity to do so only once.

E The E Doz. Doz. Doz.

At the election of the 20th National Assembly members of the National Assembly, the message containing the phrase “ was sent together, and appealed to support E that was sent as a candidate for the political party H in the G constituency.

Accordingly, the defendant carried out an election campaign on the election day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on telephone details;

1. Article 254 (1) of the Act on the Election of Public Officials for Criminal Facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment specified in a crime of violating the Public Official Election Act due to the dispatch of text messages to I who is the most severe punishment and criminal punishment);

1. Selection of an alternative fine for punishment;

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. The scope of punishment by law: Fine not exceeding six million won;

2. Scope of recommended punishment on the sentencing guidelines [the scope of recommended punishment] basic area [the person subject to special sentencing] mitigated factors (where the recognition of illegality is significantly weak)] and aggravated factors (where the number of days of election is imminent] in violation of the election campaign period, the basic area (the scope of recommended punishment 700,000 won or 1.5 million won) in violation of the election campaign period, which is in violation of the election campaign period.

3. Determination of sentence: The crime of this case in which a fine of 700,000 won has been committed in an election to be fair, in violation of the period prescribed in the Public Official Election Act, and election campaign has been carried out in violation of the period prescribed in the Public Official Election Act, and the quality of the crime is not good.

However, the defendant's mistake is divided.

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