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(영문) 춘천지방법원 원주지원 2014.09.11 2014고합67
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant was a preliminary candidate for the Council member in the constituency B in the constituency of the original state.

No person shall publish false information about place of birth, status, occupation, career, property, personality, act, organization to which he/she belongs, etc. in favor of a candidate and a person who intends to be a candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, for the purpose of getting elected or having another person elected, and where he/she publishes an educational background, he/she shall publish a regular academic background and enter the name of the school

The Defendant graduated from the Department of Music of C University, a two-year junior college on February 11, 199, and the C College and D University did not graduate from the University on March 1, 2007. However, around March 20, 2014, the Defendant stated that “E University graduate” was stated in the 1,000 name cards for promoting preliminary candidates, and on March 25, 2014, the Defendant stated “E University graduate” as “E University graduate.”

The defendant from around the 20th of the same month to the same year.

5. By February, 200, approximately 1,800 copies of the above name cards were distributed to electorates in the Dong-dong community service center, Dong-dong, Dong-si.

Accordingly, for the purpose of winning the election, the Defendant published false facts about the academic background favorable to himself.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a name tag, a certificate of graduation, a written estimate, or a design draft;

1. Application of Acts and subordinate statutes to report internal investigation (attaching the history of the E University);

1. Relevant provisions of relevant Acts on criminal facts and Articles 250 (1) and 64 (1) of the Public Official Election Act for the selection of punishment;

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. The scope of punishment: Fine not exceeding 30,000,000 won;

2. The scope of the recommended sentences according to the sentencing guidelines [decision of type] election crimes, election crimes, the publication of false facts, the publication of false facts in the second category [Publication of false facts for the purpose of election] or the publication of false facts in the election campaign, the candidate's secret.

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