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(영문) 광주지방법원 해남지원 2014.11.20 2014고합32
공직선거법위반
Text

The sentence against the accused shall be determined by a fine of 800,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who was elected as a candidate for the election of Daranam-do National Assembly member in the sixth local election of Doranam-do, which was implemented on June 4, 2014.

No person shall publish any false information about the place of birth, status, occupation, career, property, personality, conduct, activity, organization to which he/she belongs, etc. favorable to 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 elected.

From May 21, 2014 to February 23, 2014, the Defendant submitted 56 copies of campaign posters, election campaign bulletins, 15,30 copies, 14,000 copies of election campaign bulletins, and 14,000 copies of campaign bulletins, which read “F, E, G, and H, teaching staff”, at the office of the J Committee located in the Seoul Special Self-Governing Committee from around May 21, 201 to around 23, 201.

As a result, the Defendant published campaign posters, such as campaign posters, in which false facts about Defendant’s career are entered in favor of the Defendant for the purpose of election, by distributing them to electors.

Summary of Evidence

1. Defendant's legal statement;

1. Each career certificate, each lecture certificate, and each lecture career certificate;

1. Application of one copy of campaign posters, photographs of election campaign bulletins, and name photographs, respectively;

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 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: Fines of 50,000 to 30,000,000; and

2. Scope of the recommended punishment according to the sentencing guidelines (decision of type): Election crimes, election crimes, publication of false facts, and publication of false facts in the second category (Publication of False Information for the Purposes of Election) (the scope of recommending punishment), where the degree of publication of false facts in the second category (the publication of false facts for the purposes of Election) is weak (the elements of mitigation) [the scope of recommending punishment] fine of KRW 700,000 or KRW 3,00

3. The defendant who has rendered a sentence shall be able to make a difference between a part-time lecturer and a professor.

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