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(영문) 광주지방법원 2006.10.25.선고 2006고합243 판결
공직선거법위반
Cases

206Gohap243 Violation of the Public Official Election Act

Defendant

South 00(42-1), Minister of the Development Promotion Committee for Gwangju North-dong Zone II

Gwangju Residence

Permanent domicile Gwangju

Prosecutor

Kim Yoon-Jon

Defense Counsel

Attorneys Kim Gung-han (Korean National Assembly)

Imposition of Judgment

October 25, 2006

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

Reasons

Criminal History Office

The defendant registered a candidate as a preliminary candidate on March 28, 2006 for the Democratic Republic of Korea Democratic Republic of Korea Democratic Republic of Korea, on April 10, 2006, for the purpose of preventing the election in Gwangju from being elected. Although the defendant had not published false facts about the candidate to be unfavorable to the candidate by means of a speech, broadcasting, newspaper, communication, magazine, poster, propaganda document, or other means, the defendant shall not publish the fact that the 20-year-old local government council's 2-dong local development project could not be elected from the above 2-dong-dong local development project for the purpose of preventing the election in the above 0-dong-dong local government. The fact that 00-dong-dong local government's 2-dong local development project could not be used for the above 3-year-old local government development project as a new candidate for the above 3-year local government development project, regardless of the fact that 00-year-old local government's 2-dong local government development project could not be used.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of 00, 00, 00, 00, 50, and 500 of the witness;

1. Statement made by the police on 00 hand;

1. Statement of the deficit 00;

1. Entry of the text and answer of the Gu00;

1. Descriptions of the explanatory note of the loss0; and

1. Entry in a written accusation;

1. Each entry in the application for preliminary candidate registration, the receipt of applications for candidates, the minutes of the North Korean Council, etc.;

1. To describe and present the recommendations;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 250(3) and (2) of the Public Official Election Act (Selection of a fine)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

It is so decided as per Disposition for the reasons under Articles 70 and 69(2) of the Criminal Act.

Judges

Kim Jae-young (Presiding Judge)

Park Jae-in

Maternus

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