2014Gohap440 Violation of the Public Official Election Act

A person shall be appointed.

Park Young-young (Lawsuits) and Lee Ho-young (Public Trial)

Attorney Cho Jae-chul

January 20, 2015

Defendant shall be punished by a fine of KRW 900,00.

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

The defendant was elected on June 4, 2014, the 6th National Dong-si Local Election Daejeon* a candidate for Gu Council members.

No person shall publish false facts concerning the place of birth, status, occupation, career, property, personality, act, organization to which he/she belongs, etc. of a candidate in favor of the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means for the purpose of election.

Nevertheless, the Defendant prepared and submitted a book-type election campaign bulletin, which is an election campaign material at the former election commission, on May 21, 2014. The Defendant was sentenced to a fine of KRW 4 million on May 29, 1996, as a result of the Defendant’s violation of the Commercial Act, from Daejeon District Court on May 29, 1996, and a fine of KRW 1 million on August 20, 1997, which was sentenced to a violation of the Road Traffic Act, by the Seoul East East District Court on August 20, 1997. However, if the election campaign material was submitted to the election commission as above, it is necessary to enter it in the candidate election campaign material, the Defendant stated that the above election campaign material for the candidate was not "no corresponding to the column of the "criminal campaign material", and the above election campaign official was sent to each of the electors on May 25, 2014.

Accordingly, for the purpose of election, the defendant published false facts about punishment in favor of the defendant who is a candidate in the election campaign bulletin, which is a statutory campaign campaign material for election.

Summary of Evidence

1. Defendant's legal statement;

1. The election campaign bulletin (type-type);

1. A criminal history report on a candidate for public office;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 250(1) of the Public Official Election Act (Selection of Fines)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of applicable sentences: Fines of 50,00 won to 30,000 won, 000,000 won;

2. Application of the sentencing criteria;

[Scope of Recommendation Form 2 (Publication of False Information for Election Purposes) In this area (Penalty 2,00, 000 to 8,000, 000, 000 won)

3. Determination of sentence: Fine of 900,000 won; and

An election campaign bulletin is a material that carries out personal information, property information, military service records, tax payment records, and criminal records, as well as the election campaign promises of a candidate. In particular, in the case of an election of a local council member, the right holder has an opportunity to access the information on the candidate, and thus the election campaign bulletin has a relatively significant impact on the candidate’s choice of the right holder. In particular, even though the criminal record on the election campaign bulletin is sensitive and important to evaluate the appropriateness of the public office, such as the quality and morality of the candidate concerned, and it has been falsely stated, the defendant has interfered with the decision of the right holder, and thus, the liability for such crime is not deemed to be somewhat weak. However, the defendant’s intention to actively conceal the criminal record and deceiving the right holder or the person concerned is not deemed to have been made public through an Internet newspaper before the election day, and the defendant’s election campaign report is deemed not to have a significant influence on the election, and the defendant’s announcement of the false facts in this case has been made more favorable to the defendant, as a whole, the circumstances and the sentencing criteria and the sentencing of the punishment of this case may be determined in consideration.

Judges Song-ho

Judges Kim Democratic

Judge Maximum-type Reserve