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(영문) 대구지방법원 2014.09.05 2014고합411
공직선거법위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 4, 2014, the defendant was born on June 6, 2014 at the 6th nationwide provincial election as a candidate for the Daegu City Non-Election.

On December 31, 2012, the Defendant was issued a summary order of two million won as a crime of violating the Juvenile Protection Act by the Daegu District Court on December 31, 201, and it became final and conclusive on January 11, 2013.

Nevertheless, the Defendant falsely entered “no” in the criminal records of candidates for the information disclosure of the book-type election campaign bulletins, and sent 167,620 copies of the election campaign bulletins to the electorate, Daegu, etc., the constituency from May 24, 2014 to May 25, 2014 (2,981 copies for residence voters, etc. and 163,758 copies for each household and 163,758).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to one of the current status of the dispatch of each investigation report (including attached documents), book-type promotional materials, criminal records to candidates for public office, criminal records, documents receipt, and election campaign bulletins;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Not more than 30 million won;

2. The basic area (the publication of false facts for the purpose of election) of the type two (the publication of false facts for the purpose of election) according to the sentencing criteria, according to the category two (the publication of false facts for the purpose of election).

3. Determination of sentence: The crime of this case requires a fine of two million won; the defendant stated false facts as if he had no previous conviction in the criminal records of election campaign bulletins which are material material to the fair judgment of the voters; and allowing the elector to peruse the criminal records of candidates under the Public Official Election Act is the same as the candidate’s career.

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