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(영문) 춘천지방법원 2017.05.19 2017고합21

공직선거법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In the 20th National Assembly election conducted on April 13, 2016, the Defendant was elected as a candidate for a political party in E constituency F (former name: G political party; hereinafter referred to as “F party”) in the 20th National Assembly election.

No false fact shall be publicly announced or announced with respect to a campaign speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means in favor of a candidate in connection with a competition at the political party, in connection with the candidate's birth place, family relation, status, occupation, experience, property, act, organization to which the candidate belongs, or any specific person or organization, so as to be favorable to the candidate.

Nevertheless, at the Defendant’s election office located on March 12, 2016, around 15:43, the Defendant sent to 92,158 people in E-elections for the 20th National Assembly member E constituency in the 19th National Assembly member election at the Defendant’s election office located on the fourth floor of H building. However, the Defendant requested support from the 19th National Assembly member election without having disclosed the implementation rate of the 19th National Assembly member election campaign by Korea.

Accordingly, the defendant published false facts about the candidate's career in favor of the candidate for the purpose of election in the competition.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, K, L and M;

1. The application of Acts and subordinate statutes to news report materials (Korea Puice Headquarters), reports on the results of evaluation of the implementation of the commitments of the National Assembly members of the 19th local constituency, requests for supplementation of materials from the Korea Puice Headquarters, list of requests for explanation of the implementation status of the commitments of the 19th National Assembly members of the Korea Puice Headquarters, documents of reply to the request for security of the Korea Puice Headquarters for the materials, N articles ( February 23, 2016), the Korean Puice Headquarters website and to take the closure of the Korean Puice Headquarters website;

1. Article 250 (3) and (1) of the Act on the Election of Public Officials in Charge of Crimes and Articles 250 (3) and (1) of the Election of Public Officials;

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