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(영문) 대전지방법원 2014.12.18 2014고합427

공직선거법위반

Text

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

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

Reasons

Punishment of the crime

On June 4, 2014, the Defendant was registered as a preliminary candidate to run in the D constituency of a Gu Council member among the 6th nationwide local elections implemented on June 4, 2014.

From March 25, 2014 to April 10, 2014, the Defendant printed false facts on the Defendant’s career, etc. by suggesting that the Defendant is an executive officer of the National Assembly member of the same region and the same mountain conference organized by the support person, even though the Defendant was not a director of the “I mountain conference,” and by suggesting that the Defendant was an executive officer of the said region, and then printing the Defendant’s career column of the name box of the preliminary candidate “I Industry and Industry Association (referred to a clerical error in the I mountain conference) director” in the name box for the purpose of election, and then distributing approximately five thousand copies of the name box to unspecified voters, thereby publicly announcing the Defendant’s career, etc. in favor of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement to J and K;

1. A distribution master box;

1. The defendant and his defense counsel alleged that the defendant was aware that he was a director of the I Mountain Conference at the time of producing and distributing the name cards that the defendant was issued by K around May 2013, the defendant was aware that he was a director of the I Mountain Council, and that he did not have any awareness or intent to publish false facts.

However, the following circumstances revealed by the evidence duly adopted and investigated by this court, i.e., K, the list delivered to the defendant by the investigative agency, stated that the list was merely a kind of scenario, stating the master's personal information while claiming for the officer's truth in the course of preparation for the launch of the I mountainous society, ii) the above list was not indicated in the name of the organization "I mountainous society", and iii) the defendant became a director of the I mountainous society from K.I. association.

There was no delivery of the statement to the effect that he will participate in the events, and 4.