beta
(영문) 춘천지방법원 강릉지원 2017.02.09 2016고합76

공직선거법위반

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

No person shall publish any false fact (in cases where he/she publishes an educational background, including the place of birth, family relation, status, occupation, career, act, organization to which he/she belongs, specific person or specific organization, etc.) in favor of a candidate (including a person who intends to become a candidate) by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of getting elected or having another person elected, in connection with whether he/she supports from the place of birth, family relation, status, occupation, career, organization to which he/she belongs, or a specific person or organization, etc.

On November 9, 2015, the Defendant: (a) admitted to the J Party on November 9, 2015 and, at the same time, declared the passage of the 20th National Assembly member election to the K Party on December 15, 2015; and (b) registered as a prospective candidate for the J Party on December 15, 2015; (c) on March 13, 2016, upon the exclusion of Gongcheon as a candidate, the Defendant declared Lout on March 14, 2016 and registered as a candidate on March 25, 2016; and (d) thereafter, was elected in the 20th National Assembly member election implemented on April 13, 2016.

In order to be elected, the Defendant posted the Defendant’s official bulletin bulletin board “O” on December 28, 2015, and posted the Defendant’s official bulletin board “M high school” on the educational achievement column, and made a statement to the effect that “M high school was enrolled in a school for two years and obtained a graduation at the time of the combat police,” and that “a candidate’s broadcast bulletin held in QBC (Seoul Youngdongdongdongdong) was sent to the Gun for two years,” and “a candidate was admitted to graduate from a school after graduating from a military school,” and “a candidate’s broadcast bulletin held in QBC (Seoul Youngdongdongdong) was sent to the Gun other than M high school for two years, and received a letter of graduation from a military school after graduating.”

Accordingly, the defendant is a candidate for the purpose of election.