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(영문) 서울서부지방법원 2014.09.23 2014고합167
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 as a member of Mapo-gu Council member by going to the election district of Mapo-gu Council member of the National Assembly on June 4, 2014, which was implemented on June 4, 2014.

On May 21, 2014, the Defendant submitted an election campaign bulletin as a candidate for the election of Mapo-gu Council members at the Mapo-gu Election Commission located in Mapo-gu Seoul Mapo-gu Seoul, and on July 8, 2002, the Seoul Western District Court was sentenced to a fine of two million won for violating the Farmland Act, and on September 19, 2008, the Defendant was finally sentenced to a fine of five million won for violating the same Act. However, on September 19, 2008, the Defendant submitted the said election campaign bulletin by stating the “criminal record” of the candidate information disclosure data as “no corresponding” in the “criminal record” column of the said election campaign bulletin.

Accordingly, the defendant announced false facts about the candidate's career for the purpose of election.

Summary of Evidence

1. Defendant's legal statement;

1. The document written by the judicial police officer in charge of administrative affairs regarding F and G;

1. The written accusation of the election commission (the list of participants, the receipt and report of an objection, the written submission of the election campaign bulletin, the certificate of criminal records, the guidance on the preparation and submission period, etc. of campaign posters and campaign posters, the guidance on preliminary review including campaign posters and campaign bulletins, the result of holding a briefing session for guidance

1. Application of Acts and subordinate statutes concerning criminal records and summary order;

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

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

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

1. Scope of the recommended punishment based on the sentencing guidelines: Where the degree of publication of false facts is weak in the mitigation area (700,000 won to three million won) (70,000 won to three million won (the scope of recommending punishment) in the mitigated area (700,000 won to three million won for the purpose of election) (the publication of false facts for the purpose of election) of Type 2

2. Determination of sentence;

A. The Public Official Election Act is in accordance with the free will of the people and democratic procedures that serve as the basis of democratic politics.

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