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(영문) 부산지방법원 2018.11.09 2018고합428
지방교육자치에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 13, 2018, the Defendant was a severe media report of C candidate C, which was sent to Busan Metropolitan City B at the 7th simultaneous local election.

No person shall announce or publicly announce false facts about the place of birth, family relation, status, occupation, career, organization to which he/she belongs, support from a specific person or specific organization, etc., so that he/she may 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.

In order to have a candidate C elected, the Defendant did not support or recognize the candidate C in the D Trade Union, and instead C candidate was biased by D Trade Union.

Despite the position of criticism, on June 4, 2018, the notice was sent to the F press and G press advertisements by the F press, and the advertisement was posted at the bottom of each one of the F press and G press on June 5, 2018.

As a result, the defendant published false facts about support from a specific organization in favor of the candidate C through the newspaper with the aim of getting the candidate C to be elected.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to H and I;

1. A certificate of C preparation;

1. A criminal investigation report (including accompanying materials, as set forth in the table of evidence Nos. 18, 21, 24, 26, 29, 33, 34, and 36);

1. An application for issuance of a letter of certification for publication of one page photograph, G press-1 page photograph, CP B election campaign bulletin for candidate in the election of candidate in Busan City, J candidate photograph, and newspaper advertisement advertisement;

1. Official gazettes, written opinions, list of materials to be submitted, photographs of the C candidates' tables and advertising photographs of the DU branch office in Busan;

1. Application of Acts and subordinate statutes to the accusation of the Busan City Election Commission, and investigation and answer of the Busan City Election Commission;

1. Relevant Article of the Act and the Local Education Autonomy Act concerning facts constituting the crime;

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