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(영문) 창원지방법원 통영지원 2014.10.23 2014고합73
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 was elected on May 15, 2014, which was registered as a candidate for the election of a City Council member of the 6th National Assembly of Dong-si Local Election C. (C.D.) on June 4, 2014.

No person shall publish any false information about the place of birth, status, occupation, career, property, personality, act, activity, organization to which he/she belongs, etc. in favor of a candidate by means of a speech, broadcast, newspaper, communications, magazine, poster, propaganda document, or other means, with the intention of getting elected or having another person elected.

In fact, on November 10, 2006, the defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court's Tongwon District Court's branch on November 10, 2006, and the same court on November 24, 2006, which became final and conclusive after being sentenced to a fine of KRW 1.7 million for a violation of the Road Traffic Act.

Nevertheless, the Defendant, at around May 16, 2014, prepared the Defendant’s election campaign bulletin to be distributed to the electorate in relation to the election of a member of the City Council in E, and prepared 17,600 copies of the election campaign bulletin by stating that “no relevant fact exists” in the “criminal records of a candidate” column of Article 3(3) of the “criminal records of a candidate” of the said election campaign bulletin, submitted 17,545 copies of the election campaign bulletin produced as above to C/Si Election Commission, G Election Commission, H Election Commission, and I election commission around May 20, 2014. Around May 24, 2014, the Defendant sent 16,553 copies of the election campaign bulletin to G, H and I electors, etc. by mail.

As a result, the defendant announced false facts about the candidate's career in favor of the candidate for the purpose of winning the 6th nationwide local election.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Submission of election campaign bulletins, election campaign bulletins, post-paid mail, criminal records of candidates for public office, guidance on election affairs for political parties, candidates, etc. (including 2014), political parties, candidates, etc.;

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