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(영문) 대구지방법원 2014.05.30 2014고합185

공직선거법위반

Text

1. Defendant shall be punished by a fine of KRW 1,200,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

On June 4, 2014, the Defendant registered on March 2, 2014, as the preliminary candidate for the 6 simultaneous local election of the 7th simultaneous local council members of the Dong-gu Seoul Metropolitan City Council.

However, with the intention of being elected or having another person elected, no person shall publish false facts (where a person intends to become a candidate), with respect to the birth, status, occupation, career, property, personality, or activity of a candidate, his/her spouse, lineal ascendant or descendant, or sibling, or an organization to which such person belongs, etc., in favor of the candidate (including a person who intends to be a candidate), by means of a speech, broadcast, communication, newspaper, magazine, poster, propaganda

1. On March 3, 2014, the Defendant requested a public relations planning to print 11,00 pages 11,00 for the purpose of election campaign, and made the Defendant enter “the completion of a graduate school for D major management,” which is not a regular academic background, in which the Defendant stated “the preliminary candidate for the E Party Council” in the election office located in the Daegu-gu Dong-gu, Daegu-gu, on the following grounds: (a) on March 3, 2014, the Defendant kept the name cards stating the false facts in the election office located in the election office located in the Dong-gu, Daegu-gu, and published the false facts for the purpose of election by distributing 3-4 to unspecified persons.

2. From March 17, 2014 to March 21, 2014, the Defendant posted a banner stating “Preliminary Candidate of the E Party Council” and publicly announced false facts for the purpose of winning an election, even though he/she did not have engaged in activities as a party member or received official approval, on the outer wall of the above election office, from around March 17, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. A H statement;

1. Application of Acts and subordinate statutes to each investigation report and internal investigation report (including accompanying documents, etc.);

1. Article 250 (1) of the Public Official Election Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;