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(영문) 광주지방법원 목포지원 2018.11.08 2018고합83
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as provided for in the Election of Public Officials Act, no one shall distribute, spread, post, or affix a newspaper, communication, magazine, or the organ of an institution, organization, or facility, or any other publication that carries an article related to an election, in a way other than ordinary methods, or distribute, spread, post, or affix such article by reproducing it.

Nevertheless, around June 8, 2018, the Defendant, at the South South Korean community center, around 22:46, included the content that D, a candidate for the head of the Gun who was prepared in advance, had a mixed foreign capital between the unwheeled women on the 7th national simultaneous local election c.m., which included the content that D, a candidate for the head of the Gun of the Gun, had been married with the unwheeled women on June 7, 2018, and in the overall crisis, the C-Gun posted on E 11 p.m., which included a copy of the article, which was reproduced by dividing into two copies of the copy paper No. 13 size, the copy of which was reproduced into the

As a result, the Defendant posted a newspaper that posted an article about the election by means other than ordinary methods or copied the article.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (the attachment of screen pictures by which a person suspected of being subject to investigation attaches an article about an election) and report on internal investigation (as to the content of pages 11, 2018 (E);

1. Evidence photographs posted (not more than six pages of the investigation records), vehicle photographs (not more than nine pages of the investigation records), article photographs (not more than 29 pages of the investigation records);

1. Application of the video CD-related Acts and subordinate statutes

1. Article 252 (3) and Article 95 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials;

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: Fines of 50,000 to 6 million won; and

2. Scope of the recommended sentences according to the sentencing criteria: The same shall not apply to the case where the sentencing criteria are set;

3. At the point of five (5) days before the beginning of the seven (7) simultaneous local elections, the Defendant, who made a decision to sentence sentence, extended and reproduced a copy of a local newspaper article that contains contents regarding privacy unfavorable to D, a candidate for F Party C head of the Gun, into the door of the community hall.

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