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(영문) 의정부지방법원 2014.11.06 2014고합307

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

Criminal facts

The defendant is a person who registered as a candidate to be elected in the constituency of a member of the Do Council in the sixth local election of the Do Council which was implemented on June 4, 2014.

On August 21, 2001, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act at the Jung-gu District Court on August 21, 2001, and the above judgment became final and conclusive on October 31, 2001, the Defendant produced the book-type election campaign bulletin stating “no applicable matter” in the previous criminal records on May 21, 201, to the Myeon Office located in Gyeonggi E on May 21, 2014, 2,140 of the above election campaign bulletin 9,110 of the above election campaign bulletin 9,110, and 405 copies of the above election campaign bulletin to the Myeon Office located in Gyeonggi G on the same day on May 23, 201, and had the said Do Election Commission submit the election campaign bulletin 11,65, including 405 copies of the above election campaign bulletin to the electorate and sent it to the electorate.

Accordingly, the defendant published false facts about the criminal records of the defendant in favor of the defendant for the purpose of election in the above election.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. The prosecutor's statement to K;

1. A written submission of election campaign bulletins, etc., a report on the details of the preliminary candidate registration guidance presentation and holding the briefing session, guidance on candidates, and holding a briefing session for election campaign of the candidate concerned, a list of participants present, a certificate of receipt of official documents, educational data, a post-paid mail delivery slip, and a criminal record table;

1. Application of Acts and subordinate statutes to investigation reports (to attach a copy of the relevant part of the election affairs guide books, to attach a copy thereof, to the head of the management department of the D Election Commission, and to listen to K

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s summary of the assertion is in criminal records of election campaign bulletins at the time when the election was held in the past local elections.