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(영문) 부산지방법원 2015.03.16 2014고합636
공직선거법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant was born in the D constituency in the election of the C Council member conducted on June 4, 2014, and was born.

A candidate, his/her spouse, or his/her lineal ascendant or descendant, career, property, personality, conduct, organization to which he/she belongs, etc. shall not announce or have him/her publicly announce false facts in favor of a candidate, his/her spouse, lineal ascendant or descendant, or sibling, by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means,

In fact, the Defendant submitted an election campaign bulletin prepared by inserting the phrase “I am jointly with F candidates and election policies” at the office of the C election commission located in G around May 23, 2014, which was a candidate for the election of E, which was implemented on June 4, 2014, at the election commission office located in G, the Defendant distributed 16,000 copies of the said election campaign bulletin to the said election commission on May 25, 2014, by inserting the phrase “I am jointly with F candidates and election policies” at the bottom of the photograph taken by F candidates and descendants.

Accordingly, the defendant announced false facts about the defendant's act in favor of the candidate for the purpose of election.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness F, H and I, and each legal statement of the witness J, K, L and M;

1. A protocol of partial police and examination of the suspect against the accused;

1. Statement of the police statement to I;

1. H's certificate;

1. Each investigation report (investigation of e-mail of reference witnesses, specifying the quantity of election campaign bulletins distributed, and securing videos at events);

1.book outputs, election campaign bulletins, candidate information, each e-mail, cellular phone messages;

1. Application of statutes to each voice call file between the Defendant and F and H, and CD reproduction result;

1. Relevant Article 250 (1) of the Public Official Election Act and Article 250 (1) of the Public Official Election Act concerning criminal facts;

1. The accused and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse;

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