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(영문) 대구지방법원 2014.08.22 2014고합346
공직선거법위반
Text

1. The defendant shall be punished by a fine of 800,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 4, 2014, the Defendant left the election of the 6th local council members of the Daegu Northern-gu Council as a candidate for the D political party in the election of the 3rd local council members of the 7th regional council, which was held on June 4,

On August 21, 1997, the Defendant sent 30,247 copies of the election campaign bulletins to electors in Daegu North-gu E, F, G, and H, a constituency, on May 24, 2014, by stating the false facts in the “criminal records” column of the information disclosure data on candidates for book-type election campaign bulletins despite the history of having been sentenced to a fine of one million won due to a violation of the Road Traffic Act by the Daegu District Court.

Accordingly, the Defendant published false facts as to the criminal records.

Summary of Evidence

1. Statement by the defendant in court;

1. A written confirmation;

1. Application of Acts and subordinate statutes to accusations, election campaign bulletins, the register of persons attending the briefing session for registration of preliminary candidates, information on candidates' public disclosure, replies to cases requesting a driver's license, campaign posters, election campaign bulletins, examination marks of campaign posters and campaign reports (including attached documents);

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: A fine not exceeding 30 million won;

2. Where the degree of publication of false facts (the publication of false facts for the purpose of election) of the type 2 (the publication of false facts for the purpose of election) is weak in the range of recommendation [the decision on the recommended area] mitigated area [the scope of recommendation area] mitigated area of a fine of not less than 70,000 won and not more than three million won;

3. Determination of sentence: The crime of this case requires a fine of KRW 800,000,000 to be declared by the accused as if the accused had no previous conviction in the criminal records of election campaign bulletin material which serves as an important material for the fair judgment of the voters, and allowing the public to peruse the criminal records of candidates under the Public Official Election Act, by evaluating the career and qualities of candidates.

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