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(영문) 서울서부지방법원 2016.10.19 2016고합248
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 a person who was born as a candidate for a D party in the 20th National Assembly member C election district and was selected.

No person shall publish false facts (where he/she publishes academic background, he/she shall not include any false facts other than the academic background which has completed the regular academic background and other foreign educational courses equivalent thereto) about the place of birth, status, occupation, career, property, personality, conduct, organization to which he/she belongs, etc. in favor of a candidate (including a person who intends to become a candidate) by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, or possess a propaganda document containing false facts for the purpose of distributing it.

Nevertheless, from March 24, 2016 to April 1, 2016, the Defendant produced 30,000 name cards, stating the educational background other than the regular academic background, such as “F” in Seodaemun-gu Seoul National University Administrative Graduate School Students Association” and “H University Trade Graduate School principal”, from March 26, 2016 to April 10, 2016, and distributed 26,388 name cards produced from Seodaemun-gu Seoul Central District Court from March 26, 2016 to the electorate for distribution of the remainder of 3,612.

Accordingly, the defendant announced false facts about the academic background of the defendant who is a candidate for the purpose of election, and possessed a propaganda document containing false facts for the purpose of distributing it.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes of investigation report (F’F’s statement and sampling attachment);

1. Relevant Article 250 (1) of the Public Official Election Act (the point of publication of false facts, the point of possession of propaganda document containing false facts, and the selection of each fine) concerning criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in the Public Official Election Act due to the publication of false facts in holding heavier punishment) is 1.

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