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(영문) 부산지방법원 서부지원 2019.01.17 2018고합257
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant was elected as a candidate for the head of Busan Metropolitan Government in the 7th local election that was implemented on June 13, 2018.

No person shall publish false facts about the place of birth, family relation, status, occupation, career, property, act or activity of a candidate, organization to which he/she belongs, specific person or specific organization in favor of a candidate, his/her spouse, lineal ascendants or descendants, or siblings, by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, propaganda document, or other means, with the intention of getting elected or getting elected, and where he/she publishes the academic background completed in a foreign educational course equivalent to regular academic background

Nevertheless, the defendant has been elected from May 3, 2018 to the same year.

6. Until the first police officer, the first police officer published a false fact by distributing approximately 20,00 copies of a name tag, which is not indicated in the academic period of “D School E Master’s Degree” (from September 9, 1990 to May 1992), which is a foreign educational course corresponding to the regular academic background, to unspecified multiple electorates.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Investigation report (the details of production and distribution of master cards indicating A foreign educational background of a suspect);

1. Investigative reports (attached to data on educational background reported on A prior to a suspect);

1. Application of Acts and subordinate statutes to election campaign name photographs;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 250(1) of the Public Official Election Act is to stipulate the curriculum name, the period of study, and the name of the acquisition degree in the publication of the academic background completed in a foreign educational course equivalent to the regular academic background, and the purpose of punishing a person who violates the above provision is the curriculum name.

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