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(영문) 서울동부지방법원 2014.10.08 2014고합275

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

On June 4, 2014, the Defendant was elected on June 6, 2014, by going to the election district E-gu Seoul Metropolitan Council (F, G).

No person shall publish false information about the candidate's career, etc. in favor of a candidate (including a person who intends to become a candidate) by means of a speech, broadcasting, newspaper, communications, magazine, poster, 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 indicate any false information except the regular academic background

Nevertheless, around 12:00 on March 12, 2014, the Defendant distributed approximately 50 copies to the residents in the constituency of non-name, a name tag bearing an academic background other than the regular academic background, “the completion of the J course at the Hanyang University” in the front of the International Mar. 12, 2014 (Gao 9cm, 5cm in length).

Accordingly, the defendant published the academic background other than regular academic background on the candidate's career for the purpose of winning the election.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Application of Acts and subordinate statutes on the attachment of name cards and the list of transactions (as of March 11, 2014).

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

1. Where the degree of the publication of false facts is weak in the area of mitigation (the amount of KRW 700,00 or KRW 3 million) (the amount of special mitigation) of the mitigated area (the amount of KRW 700,000 or KRW 3 million) of the sentencing criteria for the application of the sentencing criteria (the scope of recommendation);

2. Determination of sentence: A fine of 80,000 won is a case in which the accused entered and distributes to the residents the academic background other than the regular academic background in front of the election, and such an act is likely to interfere with the rational choice of voters and to impair the fairness and transparency of the election in the Korean election climate where the academic background or career is emphasized.