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(영문) 서울중앙지방법원 2021.01.14 2020고합854
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

In the 21st National Assembly election conducted on April 15, 2020, the Defendant was a candidate for a member of the National Assembly in Seoul Special Metropolitan City, and served as an assistant to C who was killed.

No person shall make any false information on a candidate, etc. favorable to the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means with the intention of being elected or having another person elected, and where he/she publishes an academic background, he/she shall not publish any false information on the candidate, etc. except for the regular academic background and the academic background completed in a foreign educational course equivalent thereto, and where he/she publishes an academic background, he/she may

1. Nevertheless, on April 1, 2020, the Defendant stated in the column for the history of the election campaign bulletin of the candidate for the 21st National Assembly member B and the election campaign bulletin for the 21st National Assembly member C, the Defendant submitted the above election campaign bulletin to F located in Seoul, and on April 3, 2020, submitted the above election campaign bulletin to F, which was attached on April 3, 2020. At the 185 location in Seoul, G G party 185, the Defendant attached the election poster, which was inserted “the completion of the senior policy course at D administrative graduate schools,” which is not a regular academic career as above, to the election campaign bulletin for the 83 and 263 households, including voters, within his jurisdiction, and published a false fact as to the candidate’s academic background for the purpose of winning the candidate C candidate’s election.

2. In addition, the Defendant stated in the instant indictment that “H law and university graduate/doctoral degree course is completed” without submitting a final academic background certificate in the above election poster and election bulletin on the given day. This part of the indictment stated “H law and graduate law school, graduate of university and college, completion of doctoral degree course.”

However, the record reveals that it is a clerical error in the H law and university graduate/ doctoral degree course, and even if this part is corrected, it is judged that there is no substantial disadvantage in the exercise of the defendant's right of defense in light of the process of the trial in this case.

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