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(영문) 광주지방법원 목포지원 2014.10.16 2014고합113
공직선거법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The Defendant had been working as the election campaign manager of preliminary candidates C's 6th nationwide local election, and the victim E, a preliminary candidate of C's C's C's C, made a contribution to the C's election commission, with the intention to mislead the C's election commission, and to threaten the victim.

On May 10, 2014, the Defendant made a phone call to the victim at an insular location at around 18:24 on May 10, 2014, and made a recording of the victim’s “I am yp. yphhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant threatened the victim E, who is a preliminary candidate for the 6th nationwide local election C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Investigation report (verification that a suspect is registered as an election campaign manager of the DNA candidate);

1. Recording records;

1. Application of statutes on the details of C candidate registration;

1. Relevant provisions concerning facts constituting an offense and Article 237 (1) 1 of the Public Official Election Act (Selection of Fines);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. The scope of applicable sentences: Fines of 2.5 million won to 15 million won;

2. Determination of sentence: Fine 2.5 million won Public Official Election Act, which is the basis of democratic politics, is based on the free will of the people and democratic procedures.

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