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(영문) 광주지방법원 2014.12.05 2014고합499

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who was elected in the election of the C City Council members of the 6th nationwide City/Do Council that was implemented on June 4, 2014 as a candidate for the E Party in the election of the E Party.

No person shall publish false facts about the place of birth, status, occupation, career, property, personality, conduct, act, organization to which he/she belongs, etc. of a candidate in favor of the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, etc., with the intention of getting elected or having another person elected, and the defendant shall be from May 14, 2013 to

5. up to 21. Effect; and

5. From May 16, 2014 to June 3, 2014, the election campaign bulletins 15,15, and 155 were submitted to each community service center within the constituency for the City Council members and the C/Si/Gun election commission in which the Defendant’s book-type election campaign bulletins (hereinafter “instant election campaign bulletins”) were falsely recorded during the period from May 16, 2014 to June 3, 2014, the Defendant’s book-type election campaign bulletins (hereinafter “the instant election campaign bulletins”) were not the chairperson of the C/C City budget and settlement committee. At that time, the election campaign bulletins were sent to each community service center within the constituency for the City Council members and the C/Si election commission, and thereafter, the election campaign bulletins were sent to each reported person and each household.

Accordingly, the defendant published false facts about the defendant's career for the purpose of winning the election.

Summary of Evidence

1. Defendant's legal statement;

1. Application of a list of the chairpersons of the Special Committee on Budget and Accounts, and statutes on the election bulletin;

1. Relevant Article 250 (1) of the Public Official Election Act and Article 250 (1) of the Public Official Election Act concerning criminal facts;

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

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

1. The scope of applicable sentences: not more than 30 million won;

2. The scope of the recommended types according to the sentencing criteria (the determination of types) (the publication of false facts for the purpose of election) of the type 2 (the publication of false facts for the purpose of election): The publication of false facts.