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(영문) 인천지방법원 2014.10.31 2014고합600
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who was elected through the 6th nationwide local election as a candidate for a party E-political party in the Incheon Bupyeong-gu Council member.

Although the Defendant did not have been appointed as an assistant to the National Assembly member, who is a state public official in extraordinary civil service equivalent to class IV, the Defendant stated in the fourth top part of the Defendant’s election campaign bulletin through F, which is the draft of the election campaign bulletin, on April 30, 2014, the Defendant stated the false fact that “A, who took advantage of the National Assembly policy assistant to the National Assembly members, the Gu Council members, and the chairman of the G Council members, has been evaluated as being changed to the area of success in local Tong and economic Tong.”

On May 19, 2014, the Defendant submitted his/her election campaign bulletin stating the aforementioned false facts to the Bupyeong-gu Election Commission located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, the election commission, etc., thereby allowing anyone who applied for the dispatch of election campaign bulletin, such as military personnel, to send 21,77 copies, and 22,125 copies, including 59 copies, to each household in which the Defendant was the electoral district, and 287 copies, and 22,125 copies, such as 59 copies, etc., to the reporter of the voting at residence. On May 24, 2014, the Defendant published false facts in a way that the said election campaign bulletin is posted on the bulletin board of the National Election Commission homepage of the Internet homepage of the National Election Commission (the 6th National Election Commission of Dong-gu, Dong-gu

Accordingly, the defendant published false facts about his career for the purpose of winning the election.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. A copy of a public official's response to military force or election campaign bulletin concerned;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. Reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for attracting partners in a workhouse;

1. The scope of punishment by law: Fines not exceeding 30 million won;

2. The sentencing guidelines shall be recommended and sentenced [decision of type] group of election crimes, publication of false facts and candidates, and the second category (Publication of false facts for the purpose of election).

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