beta
(영문) 부산지방법원 2014.09.05 2014고합501

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 900,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 4, 2014, the Defendant registered as a candidate for the F Party of the “D” constituency (E) in the election of members of the Busan Metropolitan City Council, which was implemented on June 4, 2014.

No person shall publish or have another person publish false facts about the candidate's career, etc. in favor of the candidate through a speech, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of getting elected or having another person elected, and on the other hand, the "criminal record of a candidate" of the election campaign bulletin for a candidate shall include the invalidated punishment, and shall record the criminal

On December 22, 1993, the Defendant issued a summary order of KRW 1,50,000 as a fine for negligence and injury caused by occupational negligence. On March 3, 1994, the above summary order was finalized on or around May 23, 2014, the Defendant submitted 29,75 copies of the book-type election campaign bulletin, and 120 copies of the book-type election campaign bulletin, stating that “no corresponding matter exists” in the “candidate criminal records” to the Busan Election Commission and the Busan E Community Center, and submitted 29,75 copies of the book-type election campaign bulletin, from around 24 to 25, 107 of the book-type election campaign bulletin, from among the above election campaign bulletins submitted by the Defendant to each household within the constituency, and had the Busan Election Commission send 27,478 of the book-type election campaign bulletin and the braille-type election campaign bulletin.

Accordingly, the defendant published false facts about the career of the defendant in favor of the defendant who is a candidate for the purpose of election.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal history report on a candidate for public office;

1. Current status of book-type election campaign bulletins or election campaign bulletins sent;

1. Application of Acts and subordinate statutes to each investigation report (referring to the purchase or correction of book-type election campaign bulletins and attaching a certified copy of summary order);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of punishment] A fine of KRW 50,000 to KRW 30,000.