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(영문) 의정부지방법원 고양지원 2017.03.17 2016고합214
공직선거법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the Director General of the Office of Organization D, and E is the 20th National Assembly member elected on April 13, 2016, who was going to the candidate for F constituency G political party in the election of the 20th National Assembly member.

On December 2, 2015, the Defendant organized a federation of “I” with respect to the 20th presidential election campaign, and subsequently selected “I candidate for the 20th presidential election district E” as a candidate for the 20th presidential election campaign.

On April 4, 2016, at the office of “D organization” located in J2, around J2, the Defendant held a “D organization’s check” and announced that “E candidates would have caused the unused amount of KRW 75,488,180 for legislative and policy development expenses” in the 19th National Assembly.

However, in fact, E's 19th National Assembly's 19th National Assembly's 19th National Assembly's 277,180 won is the unused amount as of December 31, 2015.

From 2012 to 2015, the Defendant calculated and announced the above unused amount based on the legislative and policy development costs used by E.

E.S.A.

As a result, the Defendant published false facts about E to be disadvantageous to E in order to prevent the winning of E.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the accused in the second public trial records;

1. Statement made by the witness K in the second public trial protocol;

1. Two-time protocol concerning the examination of the suspect of the defendant;

1. A protocol concerning the examination of suspect with respect to L;

1. Application of the Act and subordinate statutes to include false information in the skin photographs, M Agle course, N closure, the full text of the visit on April 4, 2016, data on the unused amount of the budget execution of E Council members, the comprehensive statement of the press opinions, the details of legislative and policy development expenses (O, E Council members), I-19 P Assembly member legislative activities evaluation (final evaluation), and inquiries into each fact (i.e., January 12, 2017 and February 10, 2017).

1. Relevant Article 250 (2) of the Act on the Election of Public Officials in Charge of Criminal Facts and Article 250 (2) of the Act on the Election of Public Officials;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the circumstances favorable to the following reasons for sentencing).

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