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(영문) 인천지방법원 부천지원 2018.12.07 2018고합191

공직선거법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant was elected at the 7th simultaneous local elections implemented on June 13, 2018 by leaving as a candidate for the constituency D of a member of the party B in the local election.

No false fact shall be published or announced in relation to the place of birth, family relation, status, occupation, career, etc. of a candidate, his/her spouse or lineal ascendant or descendant, organization to which he/she belongs, specific person or specific organization, etc., in order to be favorable to the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of being elected or having another person elected, or by means of a propaganda document, etc.

Around May 28, 2018, the Defendant submitted a book-type election campaign bulletin 16,893, stating that he/she is not the “F representative” at the time, despite that he/she is not the “F representative at the time,” and distributed a book-type election campaign bulletin 12,377 copies of the above election campaign bulletin at the Committee on the Election Management around May 29, 2018 at the Committee on the Election Management around May 29, 2018, and around May 29, 2018, the C Election Committee submitted a book-type election campaign bulletin 6,46, total sum of 36,423 copies of the above election campaign bulletin at the Committee on the Election Management around May 30, 2018 and distributed it to electors through each of the above election campaign commissions around June 2, 2018.

Accordingly, the defendant published false facts about career for the purpose of election.

Summary of Evidence

1. Statement by the defendant in court;

1. A reply to a report on internal investigation (the date and time, and quantity of circulation, etc. of a book-type election campaign bulletin) and a reply to a request for cooperation in investigation;

1. Application of Acts and subordinate statutes concerning all matters to be registered, such as a certificate and book-type election campaign bulletin;

1. Relevant Article 250 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts and Article 250 (1) of the Act on the Election of Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Fines of 50,000 to KRW 30,000,000, within the scope of applicable sentences in law; and

2. The scope of the recommended punishment according to the sentencing criteria [the types of decisions] shall be published, or the candidate shall be slandered by the two types.