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(영문) 울산지방법원 2018.11.30 2018고합233
공직선거법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant was a person who was the head of election affairs of F elected in the election of a member of the South-gu Council of Seoul Special Metropolitan City(DE) at the 7th simultaneous local election.

No false information shall be published on whether a candidate is supported by an organization to which he/she belongs, a specific person or specific organization, etc., such as the place of birth, family relation status, occupation, career, etc., in favor of the candidate by means of a speech, broadcast, newspaper, communication, poster, propaganda document,

Nevertheless, the Defendant decided to replace two placards installed in D and E to confirm and respond to the fact that G candidates, who run in the same constituency, enter the election campaign bulletin and election banner, “F residing in H only for an election, and is not qualified to be changed to our region.”

The Defendant knew that F had not resided in E and D, and from June 4, 2018, the Defendant knew that F had not resided in E and D.

6. By July 1, 200, I looked at the roads near the Ulsan-gu I market and the roads near the K Welfare Center located in the same GuJ, and “60 lifelong E and D.

They posted an election banner of F as stated “F.”

Accordingly, the defendant announced false facts about F candidate's act for the purpose of getting elected.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement by the police concerning L;

1. Application of Acts and subordinate statutes to a complaint and a criminal investigation report;

1. Article 250 (1) of the Act on the Election of Public Officials and the Selection of Fines concerning facts constituting an offense, Article 250 of the Act on the Election of Public Officials;

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. The scope of punishment by law: Fines not exceeding 30 million won;

2. The two types (the purpose of election is to publish false facts and slander candidates) of the recommended punishment according to the sentencing criteria;

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