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(영문) 광주지방법원 순천지원 2019.01.10 2018고합220
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

On June 13, 2018, the Defendant was registered as an election campaign worker as the chief of the headquarters who exercises overall control over the 7th nationwide election campaign of candidates C of Dong-si District Office of Education C, who was registered as an election campaign worker.

No one shall distribute, post, spread, play, or display any advertisement, letter of personnel affairs, poster, photograph, document, picture, picture, printed matter, recording or video tape and others similar thereto, which indicate the name of a candidate, in order to have an influence on the election from 180 days before the election day to the election day, without resorting to the provisions of the Public Official Election Act.

Nevertheless, around 09:00 on June 12, 2018, the Defendant printed out the F and G et al. election campaign workers in a size exceeding the statutory size (27 cm in length, 19 cm in width) of the written campaign promises (29.7 cm in length, 21 cm in width, 21 cm in width) and ordered the D Election Commission to distribute the written campaign promises of the C candidate, the size of which exceeds the statutory size, and distributed approximately 318 parts to many unspecified persons.

As a result, the defendant distributed documents indicating the name of C candidate who is not according to the Public Official Election Act in order to influence the election from 180 days before the election day to the election day.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. The accusation book, nonstandard Ccandidate campaign promises, election campaign workers campaign promises, and the report on the distribution of the written campaign promises;

1. Application of CCTV-cape photograph Acts and subordinate statutes;

1. Relevant Article 49(1) of the Local Education Autonomy Act concerning facts constituting an offense and Article 49(2) of the Local Education Autonomy Act, Article 255(2)5 of the Public Official Election Act, and Article 93(1) of the Public Official Election Act (generally and collectively,

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding four million won;

2. The scope of recommendations on the sentencing criteria (a decision of type).

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