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(영문) 인천지방법원 2018.11.30 2018고합609
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 16, 2018, the Defendant: (a) around 14:00 on May 16, 2018, the purpose of the Defendant’s election is to select E as a preliminary candidate for local government D political parties nationwide; and (b) the welfare of the disabled in the Nam-gu Incheon Metropolitan City from July 2018.

The Gangnam-gu Incheon Metropolitan City Disabled Persons' Organization and Family Member's Dong shall support the candidates of D Party E C local government.

g) Organizations: The Association of Persons with Disabilities, the Association of Persons with Disabilities, the Association of Persons with Disabilities, the Association of Persons with Disabilities, the Association of Persons with Disabilities, the Association of Persons with Disabilities, the Association of Persons with Disabilities, the Association of Persons with Disabilities, the Federation of Persons with Disabilities, the Association of International Exchange of Persons with Disabilities, the Federation of Persons with Disabilities with Disabilities, and the Association of Persons with Disabilities of Persons with Disabilities of Incheon, the Association of Persons with Disabilities, the Association of Persons with Disabilities, and the Association of Persons with Disabilities

However, in fact, the South-gu branch of the Incheon Disabled Persons Information Society and the parent association of the Incheon Disabled Persons did not support E.

As a result, the defendant published false facts about support from a specific organization in favor of the candidate by means of speech, broadcasting, newspaper, communication, magazine, poster, propaganda document, etc. for the purpose of getting elected E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Photographs;

1. Application of Acts and subordinate statutes to report internal investigation ( telephone communications with parents of Incheon disabled persons);

1. Article 250 (1) of the relevant Act concerning facts constituting an offense and Article 250 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: A fine not exceeding 30 million won;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] [the scope of the recommended punishment] shall be 2 million won to 8 million won in the basic area of the two types (the publication of false facts for election purposes] (the determination of the recommended area].

3. The act of publishing false facts related to the election for which the sentence is decided, shall interfere with the rational choice of the voters;

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