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(영문) 인천지방법원 2018.12.14 2018고합737

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 registered a preliminary candidate on April 2, 2018 for the running of the above election, and on May 24, 2018, the Defendant registered a candidate belonging to D party on May 24, 2018.

A false fact shall not be published in relation to the place of birth, family relation, status, occupation, career, organization to which a candidate belongs, support from a specific person or specific organization, etc. in order to be favorable to a candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, etc. for the purpose of being elected or having another person elected, or by other means, and where a candidate publishes an educational background, other than the regular academic background and the academic background completed in a foreign educational course equivalent thereto, shall not be published.

Nevertheless, from April 12, 2018 to April 25, 2018, the Defendant distributed approximately 200 heads of prospective candidates, including “Completion of the highest course of management at E University Administrative Graduate Schools” and “F of the former Office”, a false career, not a regular academic background, to the residents of the election district.

In addition, from May 10, 2018 to June 9, 2018, the Defendant distributed and sent approximately 14,000 of the candidate’s name cards, which carried the false career “F of the Gu Office of B” in the subway No. 1 Line G and H, located in Incheon B Gu, and the election campaign bulletin No. 40,138 to the election district residents.

Accordingly, the defendant published false facts about career, etc. for the purpose of election.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Details of the dispatch of election campaign bulletins, and election campaign bulletins;

1. A copy of a name box of a candidate;

1. A written accusation;

1. Investigation report (Submission of the documents by the public officials of the B-Gu Office), Ordinance on Appointment and Management of the F, the period of inspection of settlement of accounts for the fiscal year 2012 and commissioned members, the period of inspection of settlement of accounts for the fiscal year 2013 and the application of the statutes

1. Article 250 of the Act on the Election of Public Officials and the Selection of Punishment for Criminal Facts ( comprehensively referred to as "the Act").