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(영문) 대구지방법원 서부지원 2014.09.18 2014고합152

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

The defendant shall not announce or have another person publish or publicly announce false facts, such as inserting a candidate's irregular academic background favorable to the candidate by poster, propaganda document, or other means, for the purpose of being elected or having another person be elected, the 6th nationwide local council member election of Daegu Metropolitan City Council member, Daegu Metropolitan City Council member, which was held on June 4, 2014.

Nevertheless, from May 22, 2014 to June 4, 2014, the Defendant published false facts by inserting “the national leader’s course at a graduate school of the F University,” a non-regular academic background, on campaign posters, within its own election district, such as Daegu-gu D and E, etc. between the Defendant and the Defendant from May 22, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each letter of confirmation for the preparation of G and H;

1. Application of the Acts and subordinate statutes of poster, poster attachment, photograph, and certificate of removal;

1. Relevant provisions concerning criminal facts and Articles 250 (1) and 64 (1) of the Public Official Election Act (the point of publishing false facts and the selection of fines);

1. Articles 70 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. The range of punishment by a fine not less than 50,000 won but not more than 30 million won;

2. The scope of the recommendation [decision of the type] the scope of the recommendation [decision of the type], the publication of false facts, and the prescription of candidates: Type 2 (Publication of False Facts for Election Purposes), the publication of false facts, or the degree of the candidate's criticism, are weak; [Determination of the recommendation field] mitigation area [the scope of the recommendation field] mitigation area [the range of fines of not less than 70,000 won and not more than three million won;

3. According to the instant crime of sentence, the Defendant’s strict punishment is required in view of the fact that the Defendant disclosed campaign posters containing false facts about academic background to electorates, and considering the fact that the contents of the campaign posters are important materials for the appraisal of the candidates of electorates in the election campaign climate in Korea where academic background or career is emphasized, and that there is a great risk of undermining the fairness and transparency of the election by distorted public opinion.

However, this case.