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(영문) 대전지방법원 서산지원 2014.06.12 2014고합34
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Criminal facts

No one shall use a loudspeaker system for an election campaign, except where he/she uses it for a speech, interview or debate at the place of a campaign speech or interview at an open place or at a interview or debate place, and conduct an election campaign by means of propaganda facilities or tools, various printed matters, broadcasting, newspapers, news communications, magazines, other publications, campaign meetings, debate meetings, debate meetings, alumni meetings, neighbors' meeting, other meetings, information and communications, the establishment of an election campaign organization or private organization, door-to-door visits and other methods prior to the election campaign period.

Nevertheless, on June 4, 2014, the Defendant knew that C, a preliminary candidate for the election of Taean-gun, was to open an election office, and provided C with support by informing residents of this fact by attending the ceremony of opening the election office, thereby making C elected to the Gun of Taean-Gun. On March 27, 2014, the Defendant used a loudspeaker system at the D community hall of Taean-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for the purpose of getting C elected to the above village residents. On March 27, 2014, the Defendant broadcasted that “I want to get the residents to participate in the election campaign, which is 14 p.m., there are many 14 p.s. for the election campaign,” and carried out an election campaign at the same time prior to the election campaign period.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 255 (2) 4, Article 91 (1) of the Public Official Election Act (the use of loudspeaker systems by unlawful means) concerning facts constituting an offense, and Article 254 (2) of the Public Official Election Act (the occupancy of a prior election campaign);

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for the crime of violation of the Public Official Election Act due to the use of loudspeaker systems which have a heavier method than the punishment for the crime;

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are based on the method of deviation.

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