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(영문) 광주지방법원 2014.08.22 2014고합256
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person registered as a preliminary candidate to go out to the D constituency of the Gwangju Metropolitan City Council member among the 6th nationwide local elections implemented on June 4, 2014, and anyone who is a candidate (including a person who intends to become a candidate) in favor of a candidate (including a person who intends to become a candidate) through a campaign speech, broadcast, newspaper, communications, magazine, poster, propaganda document, or any other means for the purpose of election or having him/her elected, although he/she is prohibited from disclosing or publicly announcing false facts (including sanctions other than the regular academic background and other educational background completed in a foreign educational course equivalent thereto in placing his/her academic background) with respect to the place of birth, status, occupation, career, etc. of the candidate or his/her spouse, lineal ascendant or descendant, or sibling, for the purpose of election or having him/her elected

4. up to September, in the shopping district, etc. in Gwangjubuk-gu, Gwangjubuk-gu, distribution of 27,500 name cards of preliminary candidates, stating the academic background, which is not the regular academic background, in the career column, to many unspecified electorates, which published false facts about the Defendant’s career in favor of the Defendant for the purpose of winning the election.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the accusation note and the name cards manufactured A order;

1. Relevant provisions of relevant Acts on criminal facts and Articles 250 (1) and 64 (1) of the Public Official Election Act for the selection of punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] 30,000 won [the scope of sentencing] 3,00 won [the publication of false facts for the purpose of election] - Where the degree of publication of false facts is weak (the publication of false facts for the purpose of election ] - Where the degree of publication of false facts is weak (the determination of the recommended area] / [the scope of recommendation area] mitigation area / [the scope of punishment ] a fine of KRW 70,000 to KRW 3 million [the general person] mitigation element - there is no criminal history [the determination of sentencing] 70,000 won, a fine of KRW 70,000.

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