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(영문) 전주지방법원 2014.10.02 2014고합195

공직선거법위반등

Text

A fine of KRW 1,500,000 shall be imposed on the first offense in the judgment of the defendant, and a fine of KRW 1,00,000 shall be imposed on the second offense in the judgment.

Reasons

Punishment of the crime

1. No person who violates the Public Official Election Act shall slander a person who intends to become a candidate or candidate by openly pointing out a fact through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, or slander his/her spouse, lineal ascendant or descendant, or sibling, with the intention of getting elected or not to be elected;

Nevertheless, at around 11:30 on May 6, 2014, the Defendant: (a) as the senior secretary-general of the Jeollabuk-do Council; (b)

6. 4. In relation to D that came from a local election as C/Gun candidate, D slanderd pointing out facts publicly by publicly alleging facts, such as “D voluntarily withdrawing from office as it has four previous offenses, including violence, gambling opening, and spreading false information, etc., and E/political party deprives of a candidate for a crime 4-related candidate.”

2. Around 22:00 on May 5, 2014, the Defendant: (a) drafted a written name of the aforementioned contents using a computer screen program at an office located in F of the Jeonju City, using the computer screen program; and (b) written at the bottom of the document, the name of the organization that the Defendant created at will at the bottom of the document stating “C military environmental federation, C military private taxi federation, and C military Love group,” which is the name of the organization that the Defendant voluntarily created.

Accordingly, for the purpose of uttering, the Defendant forged a letter of name in the name of an unincorporated organization, such as C-Gun Environmental Federation, etc., which is a private document concerning a certificate of fact, and distributed the false letter of name to the reporters of name in the same manner as the above was duly formed at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the list of preliminary candidates of the head of the relevant Si/Gun), investigation reports (the confirmation of existence of the organization stated in the name statement);

1. Relevant Article 251 of the Public Official Election Act and Article 251 of the Election Act (the point of slandering candidates and the selection of fines) for criminal facts.