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(영문) 서울동부지방법원 2014.12.24 2014고합355
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 4, 2014, the 6th nationwide local election of the Defendant, which was implemented on June 4, 2014, stated as E in the written indictment of the D Party in Seoul Special Metropolitan City, but appears to be a clerical error.

A person who is elected as a candidate is a person who is elected.

A false fact shall not be published with respect to the place of birth, status, occupation, career, property, personality, act, organization to which he/she belongs, etc. in favor of a candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, for the purpose of election.

In fact, the defendants are the members of the F Residents' Self-Governing Committee, the Chairperson of the F sports-for-all Council, and G Chairperson.

Nevertheless, from March 2014 to May 201, the Defendant distributed to the electorate a letter 74 of the preliminary candidate title stating the “F Residential Self-Governing Chairperson” in his career in Seoul H, and distributed eight copies of the preliminary candidate title stating “F Life Sports Chairperson and the G Chairperson” to the electorate in his career.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of the I, J, K, and L;

1. Application of 82 Acts and subordinate statutes to the charge book, name cards, photo, name cards

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. The Defendant is the “G Chairperson,” and the subordinate organizations of the G Council pursuant to Article 2 of the Enforcement Decree of the G Organization Support Act (sub-organizations of the G Central Council) are as follows:

1. Special Metropolitan City, Metropolitan City, Do, and Special Self-Governing Province councils;

2. A Si/Gun/Gu council;

3. According to the Eup/Myeon/Dong committee, the Eup/Myeon/Dong unit uses the name of “committee” and its upper administrative district.

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