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(영문) 광주지방법원 해남지원 2018.10.24 2018고합23
공직선거법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 13, 2018, the Defendant registered a constituency of C Gun as a preliminary candidate for D political party at the 7th simultaneous local elections by the Defendant on April 9, 2018, and went out as a candidate for Gun Council members.

No person shall publish any false fact with respect to the candidate's career, etc. in favor of a candidate (including a person who intends to be a candidate) by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of getting elected or having another person elected, and where he/she publishes an academic background, he/she shall not publish any false fact with respect to the candidate's career, etc., other than

Nevertheless, from the beginning of February 2018 to the beginning of May 2018, the Defendant distributed approximately 5,000 heads of election promotional cards, which read “F school management universities (high-class financial courses) completion in addition to regular academic background,” and “Completion of University of G (VIPP)” to election promotional citizens, for the purpose of winning the election in the constituency of the National Assembly member of the Republic of Korea, including the Republic of Korea, E, and other C, for the purpose of winning the election in the constituency of the National Assembly member of the Republic of Korea.

Accordingly, the Defendant published false facts on the Defendant’s academic background, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. One copy of a certificate of the completion of the F Management University, one copy of the VIPP course on the G homepage of the United States, a copy of the application for preliminary candidate registration, and the application of Class IV statutes in the name of the F Management University;

1. Article 250 (1) and Article 64 (1) of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials (generally, selection of fines);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the election crimes, the publication of false facts, and the degree of the publication of false facts in Type 2 (Publication of False Information for Election Purposes) [person with special mitigation] [the territory of recommendation and the scope of punishment] mitigated area, fine of KRW 70,000 to KRW 7 million.

3. Sentence;

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