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(영문) 대전지방법원 2014.12.04 2014고합385
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 born from the election of the Daejeon Metropolitan Council members implemented on June 4, 2014 to the constituency under the E Party.

No person shall publish false information about the birth, status, occupation, career, property, personality, or activity of a candidate, etc. in favor of the candidate through a speech, communication, newspaper, communication, magazine, poster, propaganda document, or other means in favor of the candidate, with the intention of being elected or having another person elected, and where posting an academic background, it shall not be inserted in any other than the regular academic background and the academic background completed in a foreign educational course equivalent thereto, and where posting a regular academic background, the name

On April 20, 2014, the Defendant: (a) published the above banner at the front roadside in Daejeon-gu, Daejeon-gu, Daejeon-gu, the name of the school at the time of graduation of the Defendant, notwithstanding that the name of the school was “H University” at the time of graduation of the Defendant; (b) produced the name of the changed school name “I University” after graduation from the column that introduces the Defendant’s academic background; (c) manufactured the Defendant’s academic background at K located in Daejeon-J on May 20, 2014; and (d) distributed 50 copies of the above banner produced at Daejeon-gu, Daejeon-gu, Daejeon-Seoul, to the electorate on May 20, 2014.

Accordingly, the defendant published false facts about the defendant's academic background in favor of the defendant who is the candidate for the purpose of election.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a report on internal investigation (for the date of changing the school name of an I university, the date of changing the school name of the I university), a certificate of regular academic background

1. Application of Acts and subordinate statutes to name cards and photographs of placards;

1. Relevant provisions of relevant Acts on criminal facts and Articles 250 (1) and 64 (1) of the Public Official Election Act (Selection of Fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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