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(영문) 춘천지방법원 영월지원 2019.02.21 2018고합50
공직선거법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 13, 2018, the Defendant was a person who assisted the election campaign of C (D party) that was going to the candidate for the head of Dong-si Local Election B/Gun nationwide, while E (F party) was a person who was going to the candidate for the head of B/Gun from the above election, and was in office as B/Gun from July 1, 2014 to June 30, 2018.

Around June 6, 2018, the Defendant received two copies of a photograph of the accusation statement stating that “E provided personal visit expenses to B-Gun regional G on November 28, 2017” (hereinafter “instant accusation statement”) under the title “written charge of accusation.” The Defendant received two copies of a photograph of the accusation statement stating that “E provided personal visit expenses to B-Gun regional G on November 28, 2017.”

However, the subsidization of field trips in the area B was a subsidy lawfully paid through the examination and resolution of the Gun Council in accordance with the B-Gun Ordinance on Honorable Treatment and Support of Persons Eligible for Veterans Affairs of the B-Gun.

Nevertheless, on June 6, 2018, the Defendant did not have any effort to verify whether the above written accusation is true, and sent the instant written accusation to I (Celection campaign campaign manager) at a non-permanent place with Gangwonwon H et al. On June 6, 2018. On June 8, 2018, the Defendant sent the instant written accusation to J (BJ K), L (M press branch branch office), N (O branch office), P (public official of QMyeon office) in order to forward the instant written accusation to J (K branch office), L (O branch office), P (public official of QMyeon office).

As a result, the Defendant published false facts for the purpose of preventing E, a candidate of B/Gun, from being elected.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Examination protocol of suspect suspect of P by prosecution;

1. Each police statement about I, L, or N;

1. Details of conversations and photographs; and

1. Investigation report (a factual verification as to the contents of photographs transmitted by A) and the application of Acts and subordinate statutes attached thereto;

1. Relevant provisions for criminal facts and Article 250 (2) of the Public Official Election Act for the selection of punishment;

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are added.

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