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(영문) 서울서부지방법원 2014.08.26 2014고합157
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 is a person who was elected at the 6th nationwide City/Do election of a member of the C Council in the election of a member of the C Council, which was held on June 4, 2014.

The Defendant, on May 23, 2014, included the eight pages of the election campaign bulletin submitted to the C election commission and the external wall of the election campaign office, and published a false fact for the purpose of election, by inserting the false fact as “the chairperson of the E University Administrative Graduate School (10 years activities)” on the 8th page of the election campaign bulletin submitted to the C election commission and the external wall of the election campaign office, which was established by the E University Administrative Graduate School.

Summary of Evidence

1. Partial statement of the defendant;

1. The accusation of the C Election Commission;

1. The application of Acts and subordinate statutes to the election campaign guidance books for political parties and candidates, etc. to the sixth-time nationwide local election campaign bulletins, photographs of external walls of election campaign offices, copies of an application for candidate registration, the preparation and submission of documents, the number of employees, etc., report on the result of receiving an application for sending campaign bulletins to be held by military personnel and police officers, report on the result of sending campaign posters and election campaign bulletins, guidance on preliminary review, such as campaign posters and campaign bulletins, report on the result of holding the campaign posters and campaign bulletins, report on the result of holding the briefing session for guidance of candidates, report on the result of holding the briefing session for guidance of candidates, receipt and report on the objection to the contents of campaign posters, etc., report on the result

1. Relevant provisions of the Act on Criminal Facts and Article 250 (1) of the Public Official Election Act for the selection of punishment (referring to each means of publication of false facts; selection of fines);

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (up to the amount of concurrent crimes prescribed in the Public Official Election Act due to publication of heavier election campaign bulletins);

3. Article 70(1) of the Criminal Act for the confinement of a workhouse.

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