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(영문) 창원지방법원 마산지원 2018.10.12 2018고합43
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 preliminary candidate for the 7th simultaneous local election C party D(E election district -F, G, H, I, and J).

In order to be favorable to a candidate (including a person who intends to be a candidate) by means of a speech, communication, newspaper, communication, magazine, poster, propaganda document, or other means, the false facts shall not be published concerning the organization, etc. to which the candidate's spouse or lineal ascendant or descendant belongs, his/her occupation, career, etc., such as his/her place of birth, occupation, etc., and, in particular, in cases where the academic background is inserted, it shall not be published except the regular academic background and the academic background completed in a foreign country equivalent thereto, and in cases where a regular academic background is inserted, the name of the

On February 28, 2018, the Defendant produced the name cards of the prospective candidate for his Do Council members, and stated “K’s high-ranking graduation” in the column of academic background.

However, in fact, the defendant graduated from L High School on February 28, 1973 (the change of name to K High School on March 1, 1998) and did not have graduated from K High School.

On March 2, 2018, the Defendant distributed approximately 1,500 copies of the name cards with false academic background to the residents of an unspecified number of electoral districts, as above, at the O events held by N in M on March 2, 2018, to be favorable to himself/herself.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (Attachment of a name tag) and a report on internal investigation (Attachment of a certificate of graduation);

1. Current status of election management, a list of preliminary candidates;

1. Application of Acts and subordinate statutes on certificates of name cards and graduations;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

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

2. Application of the sentencing criteria (a type of decision).

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