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(영문) 청주지방법원 2015.02.13 2014고합240

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a D's election campaign manager who left as a candidate for the C's election of the Cheongju City Council member among the 6th nationwide local elections implemented on June 4, 2014, but has fallen.

No one shall publish any false information about property, such as place of birth, status, occupation, career, etc., personal attack, act, organization to which he/she belongs, etc. in favor of a candidate for the purpose of being elected or making another

On December 15, 1992, the Defendant was sentenced to 10 months of imprisonment without prison labor and 2 years of suspension for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Cheongju District Court on December 15, 1992, and was well aware of the fact that he was sentenced to a fine of 1 million won due to the violation of the Road Traffic Act (driving) on June 7, 2002, the Defendant filed a petition with the elector for the election commission by dividing 250,85 copies of the election campaign bulletins in which the “candidate’s criminal record” column of the candidate’s information disclosure data was written by E as a volunteer on May 24, 2014, without correcting it, even if he discovered that the volunteer was “no corresponding” in the “criminal record of candidate’s candidate’s candidate’s candidate’s information disclosure data” as above, on May 22, 2014, and submitted it to the competent election commission, F Office, and election commission on May 24, 2014 through 28.

Accordingly, the defendant published false facts about D's previous convictions for the purpose of getting D elected.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning H;

1. Submissions of criminal records and criminal records reports on candidates for public office;

1. A report on the result of holding a presentation for guidance of candidates, and a register of participants in a presentation for guidance;

1. To guide election affairs for the D candidate election campaign bulletins (including information disclosure data on candidates), and for the submission of a re-examination requesting investigation and cooperation in investigation reports, and for the political party, candidates, etc.;