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(영문) 춘천지방법원 영월지원 2017.05.16 2017고합4
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 candidate who won interest in the 20th National Assembly member G constituency H political party (the present I political party) implemented on April 13, 2016.

No person shall publish or publicly announce any false fact about the place of birth, family relation, status, occupation, career, etc. of a candidate, his/her spouse or his/her lineal ascendant or descendant, organization to which he/she belongs, or any specific person or organization, in order to benefit a candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of getting elected or having another person elected, or by any other means.

On March 25, 2016, the Defendant filed a report on the reduction of the amount of KRW 1,338,239,000 on the normal property value (public notice price) of KRW 2,676,484,00 in the column of the Gangwon-gun and the J (hereinafter “instant land”), which is a document to be submitted at the time of applying for registration of a candidate. At that time, the Defendant published the “property status of a candidate” column of the election campaign bulletin for the 20th National Assembly election and the “information disclosure” column of the Central Election Management Committee homepage of the Central Election Management Committee, in which the total amount of the Defendant’s property as a candidate was KRW 1,920,613,00, which is KRW 582,368,00.

As a result, the Defendant published false facts about the total amount of his property in favor of the candidate for the purpose of election.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Report on property to be registered as a candidate, data related to the National Assembly’s official bulletin, entire certificates of registered matters, confirmation of individual published land price, election campaign bulletins (20 National Assembly election), recording records, and application of each press report statute;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Report on the property of the defendant in summary of the assertion;

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