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(영문) 대전지방법원 2015.01.20 2014고합440
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 on June 4, 2014 as the candidate for the Gu Council member of the Daejeon Metropolitan City/Si/Gun election, which was 6th nationwide, which was implemented on June 4, 2014.

No person shall publish any false information about the place of birth, status, occupation, career, property, personality, act, conduct, organization, etc. to which a candidate belongs, in favor of a candidate through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, for the purpose of election.

Nevertheless, on May 21, 2014, the Defendant prepared and submitted a book-type election campaign bulletin, which is an election campaign material to the Daejeon Election Commission, on May 21, 2014, the Defendant was sentenced to a fine of KRW 4 million on the grounds of the violation of the Commercial Act at the Daejeon District Court on May 29, 1996, and a fine of KRW 1 million on August 20, 1997 at the Seoul East East District Court sentenced to the violation of the Road Traffic Act, and the fact of such criminal record must be stated in the candidate election campaign bulletin. However, if the election campaign bulletin was submitted to the election commission, the above election campaign bulletin was stated as “no applicable” in the “criminal record” column, and the above election campaign bulletin was sent to electors on May 25, 2014.

Accordingly, for the purpose of election, the defendant published false facts about punishment in favor of the defendant who is a candidate in the election campaign bulletin, which is a statutory campaign campaign material.

Summary of Evidence

1. Defendant's legal statement;

1. Book-type election campaign bulletins;

1. Application of criminal history reports (A) to candidates for public office;

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

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

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

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

2. Application of the sentencing criteria [Scope of Recommendation] Publication of false facts and candidate's non-disclosure of the Type 2 (Publication of False Facts for Election Purposes) from 2,00,000 to 8.

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