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(영문) 서울중앙지방법원 2014.11.27 2014고합1115

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

The defendant was a person who was born in the election of a member of Dongjak-gu Council on June 4, 2014 in connection with the 6th nationwide local election conducted on June 4, 2014.

No person shall publish or have another person publish any academic background other than the regular academic background of a candidate and other academic background completed in a foreign educational course equivalent thereto in favor of a candidate (including a person who intends to become a candidate) by means of a speech, broadcast, newspaper, communications, magazine, poster, propaganda document, etc., with the intention of getting elected or having another

On April 1, 2014, the Defendant distributed to the electorates, etc. the 3,000 number of the above name cards stating the Defendant’s preliminary candidate name cards from March 31, 2014 to April 3, 2014, including the Defendant’s completion of the highest course of local autonomy leader at the Dongjak-gu Seoul Metropolitan Government University, including the Defendant’s preliminary candidate name cards, which was indicated as “the completion of the highest course of local autonomy leader at the C University,” rather than the academic background having completed the regular academic background and other foreign educational courses equivalent thereto, in the street near the subway 9 Station located in the Seoul Metropolitan Government Nowon-gu.

Accordingly, the defendant published the academic background other than the regular academic background and the academic background completed in a foreign educational course equivalent thereto for the purpose of winning the election.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Attachment of a list of prospective candidates A; the Seoul District Court Decision 98Gohap735; replys to matters requested for investigation cooperation; the application for registration of preliminary candidates; the meeting for investigation and cooperation; the list of candidates for local elections; and the list of local elected persons;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a list of collection of preliminary candidates), an investigation report (verification of basic information, such as registration of preliminary candidates), an investigation report (verification of departure and election of suspects regional elections), an investigation report (G telephone report), and an investigation report (G telephone report);

1. Article 250(1) of the Public Official Election Act applicable to criminal facts and Article 250(1) of the same Act.