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(영문) 창원지방법원 마산지원 2018.12.14 2018고합45

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

The defendant was a candidate (person who was a candidate (D constituency) for the Do Council member (D constituency) of the party Do Council member of the 7th simultaneous local election.

In order to benefit a candidate (including a person who intends to be a candidate) by means of a speech, broadcasting, newspaper, communication, magazine, poster, propaganda document, or any other means, any false fact about property, character, act, organization, etc. of a candidate, his/her spouse, lineal ascendant, descendant, or sibling, such as the place of birth, status, occupation, career, etc. of the candidate, his/her spouse, lineal ascendant, descendant, or sibling, shall not be published, and in particular, where he/she publishes an academic background, he/she shall not be allowed to be published except for a regular academic background and an academic background completed in a foreign country equivalent thereto, and where he/she publishes a regular academic background, the name of the school (where he/she is withdrawn, the period

On March 3, 2018, the Defendant produced a list of promotional campaigns for the election of candidates for the Do council members in Korea, and entered “E high” in the column of academic achievement.

However, in fact, the defendant graduated from the F High School on February 12, 1990 (the change of school name to E high school on February 20, 1997) and did not have graduated from E high school.

On March 15, 2018, the Defendant posted a notice around the Internet NAV G on March 15, 2018, and around March 17, 2018, that the public relations name stating false academic background should be favorable to himself/herself, so that many unspecified electors can view it.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (verification of the name of the school at the time of graduation of the suspected suspect);

1. Publicity master plans;

1. Bander posts, G, and Bandde posts;

1. Application of the certificate of graduation, school history, and reply statutes to confirm graduates;

1. Article 250 (1) of the relevant Act concerning facts constituting an offense and Article 250 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is 1.