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(영문) 광주지방법원 순천지원 2014.12.30 2014고합244

공직선거법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Criminal facts

The defendant was elected in the sixth City/Do election which was implemented on June 4, 2014.

On March 26, 2014, the Defendant: (a) admitted into a Do party for the E-Do Council member's departure; (b) resigned from E-Do education on April 7, 2014; (c) on April 7, 2014, the Defendant stated that “E-Do education members” was in the career column in the E-Do in the women’s period from April 7, 2014 to June 7, 2014; and (d) distributed 14,000 name, stating the non-regular academic background, “the completion of the Do Council member’s major fishery management course during the 12th period G major 8th CEO course.” to an unspecified number of voters.

Accordingly, the defendant announced false facts about the candidate's career for the purpose of winning the election.

Summary of Evidence

Defendant’s legal statement

Article 250(1), Article 64(1), Article 70(1), and Article 69(2) of the Public Official Election Act for the criminal facts of which the police statement of H is applied to the defendant's statement, and the reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment under Article 334(1) of the Criminal Act for the custody of an old prison.

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won;

2. Scope of recommendations based on the sentencing guidelines: The scope of fines of KRW 700,00 to KRW 3 million [the scope of recommendations], the publication of false facts, and the publication of false facts in Type 2 (Publication of False Facts for Purpose of Election) (Special Mitigation) or the degree of solicitation of candidates (the area of recommendation and the scope of recommendation), mitigated area, fine of KRW 70,000 to KRW 3 million.

3. Determination of sentence of a fine: The crime of this case in which the defendant was sentenced to a fine of KRW 700,000 is distributed by stating the false career and other academic background than the regular academic background in the name of the defendant, and the crime of this case in which the reasonable choice of voters is obstructed in the election climate of the Republic of Korea where the academic background or career is emphasized and it is likely to infringe on the fairness

The Defendant committed the instant crime even though he was well aware of the prohibited acts of the Public Official Election Act due to his experience in election.