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(영문) 광주지방법원 목포지원 2018.12.13 2018고합108
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who was elected at the 7th simultaneous local elections held on June 13, 2018, which were held by the defendant as a member of the plenary session.

A false fact shall not be published with respect to an organization, etc. to which a candidate belongs with property character, such as his/her birth status and career, so as to be favorable to the candidate by means of a speech, broadcast, communication, newspaper, communication, poster, propaganda document, or other means, and where an academic background is inserted, it shall not be posted except the regular academic

Nevertheless, on March 13, 2018, the Defendant requested printing of 2,000 copies of 2,00 copies of the name "D" in the name of "D," which is located in "W," the Defendant made the Defendant enter the non-regular academic background in the name of "D," which is the completion of the highest management course at the graduate school management graduate schools, and distributed it from "E, F, and G," and then distributed to the residents of the constituency.

As a result, the defendant stated the irregular academic background for the purpose of winning the election, and publicly announced the false academic background.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Investigation report (verification of false facts) and investigation report (specific circumstances, such as the place of production of prestigious boxes);

1. Responses to the results of completion;

1. Application of Acts and subordinate statutes to evidential materials submitted by the accusers (such as photographic photographs, etc.);

1. Article 250 (1) and Article 64 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials (generally, selection of fines);

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. The scope of punishment: Fines of 50,000 to 30 million won; and

2. The scope of the recommended punishment according to the sentencing guidelines [the type of decision] [the range of the recommended punishment] [the election, the candidate publishing false facts, the two types (the publication of false facts for election purposes] mitigation factors - the publication of false facts or the degree of slandering the candidate [the decision in the sphere of recommendation] mitigation area [the range of the recommended punishment] reduction area / [the range of the recommended punishment either KRW 700,000 or KRW 3 million.

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