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(영문) 전주지방법원 2014.09.18 2014고합128
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

The defendant is a person registered as a candidate for a candidate C (registration of preliminary candidates around March 2014) who registered as a candidate from the election of a member of the 6th City/Do council to which he/she belongs, in the election of the 6th City

No one shall distribute, post, spread, show, or post any photograph, document, picture, printed matter, or other similar things indicating the name of a political party or candidate, or distribute, post, play, or run, in order to support, recommend, or oppose a political party or candidate (or a person who intends to be a candidate) for the purpose of influencing the election from 180 days before the election day to the election day, and no one other than one designated as a preliminary candidate or candidate who attends together with the candidate, even for

Nevertheless, at around 15:15 on May 10, 2014, the Defendant, alone, complained of support from the Equare located in Yag-gu Seoul Metropolitan City, to the majority of the people attending the “F”, and at least one person and police officers with a spared, to the police officer G, who had a spared, “I well request C from the Si spared,” one copy of the name stating a photograph and the phrase “PPPPPPP C,” and distributed two copies of the name by entering the H beauty room in the vicinity of the city spared.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Relevant Article 255 (2) 5 and Article 93 (1) of the Public Official Election Act concerning criminal facts and the selection of punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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

2. The scope of recommendation [decision of type] according to the sentencing criteria shall be limited to the category of election crimes, illegal election campaigns in violation of the election campaign period, and the type 2 (Violation of Methods of Election Campaign) (special person).

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