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(영문) 대구지방법원 서부지원 2018.11.15 2018고합191

공직선거법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant was elected on June 13, 2018 through the 7th simultaneous local elections, from which he was released as a candidate for the Daegu Metropolitan City C constituency.

No person shall publish or publish any false fact about the place of birth, status, occupation, career, property, personality, act, organization to which he/she belongs, etc. of a candidate, his/her spouse, lineal ascendant or descendant, or sibling, or carry any propaganda document containing false fact for the purpose of distributing a false fact in favor of a candidate (including a person who intends to be a candidate) by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, propaganda document, or any other means with the intention of getting elected or having another person elected, and where he/she publishes an academic background, he/she shall not publish any false fact with the exception of the regular academic achievement and the academic achievement completed in a foreign educational course equivalent thereto.

Nevertheless, on April 7, 2018, the Defendant produced a preliminary candidate box for Defendant’s election campaign through the printing company “E” located in Daegu D, and published a non-regular academic background in the educational background column, and distributed approximately 3,500 copies of the preliminary candidate box for election campaign, which was produced by inserting the non-regular academic background in his/her constituency unit, including Daegu G, etc. from April 8, 2018 to May 17, 2018, to the electoral district residents.

Accordingly, for the purpose of election, the Defendant distributed the name cards of preliminary candidates for election campaign in which the aforementioned non-regular academic background was stated, thereby publicly announcing false facts.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, written confirmation, each request for a statement of violation of the Act on Election of Public Officials, a statement of violation of the Act on Election of Public Officials, a statement of inquiry of transaction details, a certificate of completion, a copy of a name tag, an original copy of a name tag, a

1. Each investigation report (No. 24,26 No. 5 of the evidence list);

1. Guidance on election affairs for candidates, etc. for political parties, and the application of Acts and subordinate statutes concerning election affairs for candidates for political parties;

1. Article 250 (1) and (2) of the Act on the Election of Public Officials for the Purposes of Crimes and the Selection of Punishment;