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(영문) 대구지방법원 서부지원 2018.12.20 2018고합156
공직선거법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, at the seventh simultaneous local elections on June 13, 2018, went out to the candidate for the election of the Gu Council member of Daegu Metropolitan City City, as a candidate for the election of the Gu Council member of the Daegu Metropolitan City.

A candidate, his/her spouse, or his/her lineal ascendant or descendant, or sibling's birth place, status, occupation, career, etc., property, personality, act, organization to which he/she belongs, etc. shall not be published or published, or possessed for the purpose of distributing propaganda documents containing false facts, by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, propaganda document, or any other means in favor of the candidate (including a person who intends to become a candidate) by making a campaign speech or having another person elected or have another person be elected, and where he/she publishes an academic background, he/she shall not be published other than the regular academic background and the academic ability completed by a foreign country equivalent thereto.

Nevertheless, on April 26, 2018, the Defendant requested a “F” business entity on the first floor of the building in Daegu-gu, Daegu-gu to produce a preliminary candidate box for the Defendant’s election campaign, and entered the non-regular academic background in the educational background column, “one-year national leader course at G University Political Graduate Schools,” and made 10,000 pages for the election campaign, on the 29th day of the same month, on which the aforementioned non-regular academic background is indicated.

Since April 29, 2018, the Defendant has been from around the same year.

5. Until February 2, 198, approximately 1,600 boxes for election campaigns made in the constituency of Daegu H and others were distributed.

As a result, the defendant distributed the name cards for election campaign in which the aforementioned non-regular academic background was stated for the purpose of winning the election, and announced false facts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police officer of I;

1. A written accusation, written confirmation, a photograph of text messages received by I from A, a copy of A's response to academic background, a list of candidates, and a list of winning candidates;

1. Application of Acts and subordinate statutes to the original and copy of the name cards;

1. Article 250(1) and Article 64 of the Election of Public Officials Act concerning facts constituting an offense and Articles 250(1) and 64 of the Election of Public Officials Act;

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