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(영문) 의정부지방법원 2014.11.06 2014고합306
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 900,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was elected by going to the E-election for a member of the Korean Assembly in the 6th local election which was implemented on June 4, 2014.

On May 12, 2005, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the District Court of Jung-gu on May 12, 2005, and the judgment became final and conclusive on June 16, 2005.

Nevertheless, around May 21, 2014, the Defendant submitted 42,250 copies of the election campaign bulletin stating “no applicable” in the “candidate’s criminal records” among the “candidate’s information disclosure data” to each Dong office and F. Si election commission in the E constituency, and around that time, the said election campaign bulletin was sent to electors in the constituency.

Accordingly, the defendant published false facts about the defendant's career, etc. for the purpose of election.

Summary of Evidence

1. Partial statement of the defendant;

1. Testimony of witness G or partial testimony of witness H;

1. Each prosecutor's statement concerning H, G, and I;

1. A letter of accusation by the election commission in F City; and

1. The application of Acts and subordinate statutes on election campaign guidance for political parties, candidates, etc., including submission of election campaign bulletins, election campaign bulletins, reports on the results of holding the campaign bulletins, guidance on candidates and briefing sessions, reporting on the results of holding the campaign bulletins and briefing sessions, service marks on post-payment of charges, military personnel, police campaign bulletins, the current status of applications for dispatch of post-paid mail, applications for registration of candidates

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

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the decision of types] for sentencing of Article 334(1) of the Criminal Procedure Act [the decision of the recommended area] in the basic area [the scope of recommendation] [the decision of the recommended area] in the basic area / [the decision of the recommended area] in the fine of not less than 2,000,000 won, but not more than 8,000,000 won [the decision of sentence] in the fine of 90,000 won] is an election campaign bulletin which serves as important material for

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