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(영문) 울산지방법원 2015.02.10 2014고합343
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 900,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 4, 2014, the Defendant was a person who released to a candidate for a DNA political party in the election of the head of the Ulsan Metropolitan City/Do Office for the sixth-time nationwide election, which was 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 to which he/she belongs, etc. in favor of a candidate by means of a speech, broadcast, newspaper, communications, magazine, poster, propaganda document, or other means, with the intention of getting elected or having another person be elected.

The Defendant was sentenced to a fine of KRW 1.5 million at the Ulsan District Court on February 17, 2010, and the case was that the Defendant interfered with the public opinion poll company's business regarding the reelection of the 18th National Assembly member Ulsan E constituency around April 21, 2009.

Nevertheless, on May 15, 2014, the Defendant prepared the Defendant’s election campaign bulletin to be distributed to the electorates in the Seoul Metropolitan City Office of Ulsan Metropolitan City, the Seoul Metropolitan City Office, and the election campaign bulletin to be held by the electorates in relation to the election of the head of C. In the “candidate’s criminal records” column of the election campaign bulletin, the Defendant stated “Interference with business affairs and fines of KRW 1,500,000 (202.07),” and “Interference with business affairs would have occurred in the process of checking the truth of the death of workers in modern Heavy Industries,” and the Defendant stated in the “Sagle” column that each Dong office located in Ulsan E from May 24, 2014 to May 25, 2014, sent 65,750 copies of the election campaign bulletin as above to the electorate E, etc.

Accordingly, the defendant published false facts about criminal records in favor of the defendant for the purpose of winning the above election.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. The police statement concerning G;

1. A police statement with H;

1. Election campaign bulletins;

1. A written accusation;

1. A written reply to criminal records on a candidate for public office;

1. The investigation report (Attachment to the judgment related to the AA fine), the investigation report (A, the number of copies published in the election campaign bulletin) 1.

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