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(영문) 전주지방법원 2018.11.23 2018고합245
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

On March 26, 2018, the defendant was elected as C Council member (D) at the 7th simultaneous local elections, and the defendant was registered as a preliminary candidate on March 26, 2018 for the withdrawal of C Council member elections.

In order to benefit a candidate (including a person who intends to become a candidate) by means of a speech, newspaper, communication, magazine, poster, propaganda document, or other means, the false facts shall not be published concerning an organization, etc. to which a candidate belongs, such as his/her spouse or lineal ascendant or descendant, his/her occupation, career, etc., and where he/she publishes an academic achievement, it shall not be published except the academic achievement completed in a foreign educational course equivalent thereto.

Nevertheless, the Defendant produced a report on parliamentary activities around February 2018, and sent 16,507 copies of the report on the above parliamentary activities to the mail box, etc. of the apartment in which the Defendant was recruited by inserting the report on parliamentary activities at around February 23, 2018, after entering the “the major academic background,” which is not a regular academic background, in the column of “major academic background.”

Accordingly, the defendant published false facts about the defendant's educational background in favor of the defendant for the purpose of election by distributing 16,507 copies of the report on parliamentary activities, in which the academic background was written, to the people of the election district.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written accusation;

1. Copy of the report on his/her regular activities and the name cards for preliminary candidate, copy of the name cards of H Council members, inquiry of academic background, response to inquiries on academic background, request for cooperation in business affairs (Iline), each reply, request for cooperation in business affairs, copy of the certificate of completion of public relations in the media of the information science graduate school, copy of the report on his/her regular activities, copy of the report on his/her regular activities, materials to be submitted to him/her, and examples of political-related legal cases;

1. Application of Acts and subordinate statutes to each investigation report (the list Nos. 5, 6, 9, 14, 19, 25, 27, 31, 33)

1. Article 250 of the Act on the Election of Public Officials and the Selection of Punishment for Criminal Facts;

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