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(영문) 수원지방법원 성남지원 2019.05.30 2018고합243
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Criminal facts

On June 13, 2018, the defendant was released to the 7th election district of the B member of the local council of the national Dong-dong local election, and the defendant was released to the ek page in the D public parking lot for the purpose of winning the election, and the defendant was sent to the D public parking lot for the purpose of attracting Ek page in the D public parking lot." There is no specification as to whether the defendant published false facts falling under any of the types of Article 250(1) of the Public Official Election Act. However, considering that the contents of the published facts are about the defendant's achievements, the defendant was indicted to publish false facts about the defendant's act.

I would like to say.

The false facts were published by inserting them.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. An investigation report (verification, such as the tenure of office of a Si Council member of a suspect or reporter, verification as to whether a public-private partnership project is carried out, attaching materials related to a business district revitalization project, and statutory distribution of book-type election campaign bulletins);

1. Application of Acts and subordinate statutes, such as written vindication;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Defendant, while in office as a previous Si Council member, was making efforts to attract residents' shelters in public parking lots, and accordingly, served as EKapets, and thus, did not make public the false information, in the sense that he was expressed as EKapets.

B. The detailed phrase of the election campaign bulletin is modified by the election campaign manager, and the defendant does not examine the relevant phrase in detail, so there is no intention to publish false facts to the defendant.

2. Determination

A. Relevant legal principles.

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