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(영문) 창원지방법원 마산지원 2018.11.02 2018고합65
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall publish any false fact with respect to a candidate, his/her spouse, lineal ascendant or descendant, or sibling, in a manner unfavorable to the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of preventing him/her from being elected.

The defendant tried to purchase the right holder with money from June 11, 2018 to June 11:00 of 2018 to June 11:00 of the same day with a view to preventing the election of the candidate C (the winner) of the Gun council members B from winning the 7th simultaneous local election at the same time.

According to the information of the neighboring countries, the elderly in the City would be an election of 50 million won only, and at the same time, they would be able to pay money with the head of other local government.

Now, it is uneasy that we spread cash with the objective of apartment land owners.

“The head of 30 to 40 nives of A4 paper printed materials were distributed to the rest area in the above apartment complex, garbage separation and collection site, the rest room in front of the toilet for the living support center, and the kitchen for the Nobb shop.”

However, there was no fact that C candidates have distributed money to the elderly people in the city or the apartment.

As a result, the Defendant published false information about candidates for the purpose of preventing candidates C from being elected.

Summary of Evidence

1. Statement by the defendant in court;

1. A E statement;

1. Report on identification results and fingerprint identification;

1. Contents and photographs of printed objects distributed;

1. CCTV images of a suspect and CCTV images for crime prevention;

1. Application of Acts and subordinate statutes to the current status and photographs of printed materials spraying places;

1. Article 250 (2) of the relevant Act concerning facts constituting an offense and Article 250 (2) 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of applicable sentences under law: fine of 5 million won to 30 million won. 2.

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