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(영문) 수원지방법원 안산지원 2018.09.21 2018고합208
공직선거법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

The defendant is a member of the election of D candidates belonging to the Do Council (B constituency) who was born to the candidate for the Do Council member in the simultaneous local election conducted on June 13, 2018.

Where a candidate, chief of an election liaison office, chief of an election liaison office, or election secretary gives a speech or interview at an open place, he/she shall not use a tape recorder or video recorder from 9 p.m. to 7 a.m. on the following day.

Nevertheless, on June 2, 2018, from around 21:00 to 23:25 of the same day, the Defendant broadcasted the above candidate’s election paths by using a tape recorder installed in three freight cars G in the above candidate’s election vehicle in front of F Mart in E.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. The application of Acts and subordinate statutes to reply to data, a detailed statement of processing cases reported, and a report on appointment of election clerks;

1. Article 256 (5) 10, Article 102 (2) and Article 79 (10) of the Act on the Election of Public Officials in Charge of Criminal Facts and the Selection of Fines;

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 by law: Fine not exceeding 2,00,000 won;

2. The sentencing criteria are not set for crimes on which the sentence is decided; and

The crime of this case is an unfavorable circumstance to the defendant in terms of the fact that the defendant was engaged in election campaigns using a recording machine at night at the time of ten days prior to the failure of election, and that there is a high risk of undermining the fairness of election.

However, the defendant confessions the crime of this case and reflects his mistake, there is no record of criminal punishment exceeding the punishment of the same kind of crime, and the defendant is not well aware of the regulations.

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