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당선무효
(영문) 부산지방법원 2006.9.26선고 2006고합490 판결
공직선거법위반
Cases

206Gohap490 Violation of the Public Official Election Act

Defendant

Article 00 (Omission of Resident Registration Numbers)

Residence and Entry of Permanent Domicile

Prosecutor

ΔΔΔ

Defense Counsel

Attorney Dog-sung

Imposition of Judgment

September 26, 2006

Text

The defendant shall be punished by a fine of KRW 1,000,000. If the defendant does not pay the above fine, the defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

Reasons

Criminal facts

In the fourth simultaneous local election of May 31, 2006, the defendant was elected after going to the '0' constituency of Busan '0' which was held as Gu council member, and in the case of inserting the academic background on a propaganda document, etc. used in the election campaign, for the purpose of election regardless of the fact that it cannot be published except for the regular academic background and the academic background having completed a foreign educational course equivalent thereto.

On May 2, 2006, when requesting the printing of 5,000 copies of the Defendant’s electoral publicity at the Busan XX-dong, the printing office of knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Defendant's legal statement;

1. A statement of a report (in addition to two copies of a name tag) attached to the investigation data;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 250(1) and 64(1) of the Public Official Election Act (Selection of Fines)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

The crime of this case in the reason for sentencing was made by distributing to the electorate the name cards for election campaign on which the non-regular academic background that the defendant did not recognize in the law merely graduated from high school and publicly announced false facts about the defendant's career, etc. The candidate's academic background is one of the important factors that serve as the basis for selecting candidates. When the defendant produces the first name cards for election campaign in March 2006, he did not indicate the non-regular academic background again for the defendant's election campaign in early May 2006, which was imminent on the election day, he again produced the name cards for the defendant's election campaign in early 206, and carried the non-regular academic background as stated in the facts of the crime, the quantity of the name cards distributed by the defendant reaches approximately 1,500, and the motive and background of the crime of this case, the circumstances after the crime, the defendant's age, character, and environment, etc. shall be determined in consideration of all the sentencing factors in the records.

Judges

The presiding judge, the deputy judge;

Judges Kim Gin-soo

Name of judge Class;

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