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(영문) 대구지방법원 김천지원 2016.11.29 2016고합126
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 20th National Assembly member, the Defendant is a person who goes to a constituency C and is elected.

On May 11, 2006, the Defendant, while holding office as the chairperson of the Korea Trade Union EM, was enrolled in the Democratic Labor Party as well as executive officers, including the chief vice-chairperson, vice-chairperson, executive officers, and executive officers of the said Union according to the decision of policy solidarity between the Democratic Labor Party and the Korea Trade Union E, but on March 4, 2016, when the Gongcheon became final and conclusive as a D single candidate for the Democratic Labor Party, on March 5, 2016, the Defendant published false facts as to the Defendant’s career by means of broadcasting the telephone interview with the F reporters of the TV line on March 5, 2016 without the fact that he was enrolled in the Democratic Labor Party.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's statement concerning G;

1. Each investigation report (the accompanying materials of press reports related to the filing of the application for joining the Democratic Labor Party of A, the materials of press reports related to the recommendations made by Defendant A, the materials of reference witnesses, the telephone reports made with the former Korean Workers' Republic of Korea EI, the telephone reports made with the former Korean Workers' Republic of Korea EI, the news reports made with the latter), the printed materials of press reports, the printed materials of MK news articles, the printed materials of the news reports made on March 5, 2016, and the printed materials of the news reports made on March 5, 2016;

1. Preparation, report, and application of Acts and subordinate statutes of recording notes;

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

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

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

1. The summary of the argument is that in the vehicle that is set off in Seoul, the Defendant responded to “I have become aware of it,” “I have been informed of the possibility of broadcast in advance at the time of telephone conversations with the reporter of TV set-off,” and the reporter did not confirm the fact.

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