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(영문) 춘천지방법원 원주지원 2014.08.28 2014고합64
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 was a candidate for proportional representation of the National Assembly members of the 2010 City/Do Council among the 6th nationwide local elections held on June 4, 2014.

No person shall publish or have another person publish false facts about the place of birth, status, occupation, career, property, personality, act, organization, etc. of a person who intends to be a candidate in favor of a person who intends to be a candidate by means of a speech, newspaper, communication, magazine, poster, propaganda document, propaganda document, or other means, with the intention of getting elected or having another person be elected, and in particular, he/she shall publish only the regular academic background

Nevertheless, the Defendant, on May 20, 2014, requested a printing office located in the original state stage to produce a candidate's publicity name box, to enter the completion of the CJ (14) which is a non-regular academic background, in order to be elected as proportional representative members of the original state council.

After that, from May 20, 2014 to February 26, 2014, the Defendant distributed approximately 200 copies of a candidate’s promotional name indicating the educational background described in the non-regular rules to the voters at the joint speech center of the central government, Dong-dong, Dong-dong, Dong-dong, Dong-dong, and Dong-dong B political party’s joint speech center.

Accordingly, for the purpose of winning the election, the Defendant published false facts about the academic background favorable to himself.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police suspect examination record against the defendant;

1. Names of candidates (A) and election campaign bulletins of candidates (A);

1. Application of Acts and subordinate statutes to investigation into persons in charge of C regularly Graduate Schools related to academic background stated in the persons under internal investigation report;

1. Relevant provisions of relevant Acts concerning criminal facts and Articles 250 (1) and 64 (1) of the Public Official Election Act (generally and collectively and by selecting fines);

1. Determination on the Defendant’s assertion under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse

1. The summary of the claim.

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