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(영문) 대구지방법원 포항지원 2016.09.12 2016고합62
공직선거법위반
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is the chairperson of the C Federation.

No person shall publish false facts about the place of birth, family relation, status, occupation, career, etc. of a candidate, his/her spouse or lineal ascendant or descendant, property, act, activity, organization to which he/she belongs, support from a specific person or specific organization, etc., so that he/she may benefit a candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, propaganda document, or any other means, with the intention of getting elected or having another person elected.

Nevertheless, the Defendant, on February 18, 2016, posted the banner “Declaration of Support for Candidates for Agricultural and Rural Development” in the said G election campaign office in the name of the said organization, and expressed the intent to support G in the said organization, even though there was no fact that C Federation, D Federation, and E Federation, etc. resolved to support the candidate in the F constituency for the 20th National Assembly members in the internal name of the organization, and there was no fact that the representative and members of the organization expressed the intent of support or participated in the event of the Support Declaration.

As a result, the Defendant published false facts about support from a specific organization for the purpose of getting elected by G.

Summary of Evidence

1. Statement by the defendant in court;

1. Written answers from J, H, K, and I;

1. The application of Acts and subordinate statutes to investigation reports (to hear statements made only by the C Federation, hear statements made by the M of the C Federation, and hear statements made by the N of

1. Article 250 (1) and Article 110 (1) of the Act on the Election of Public Officials in Charge of Crimes and the Election of elective Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won; and

2. The basic area (two million won to eight million won) of the sentencing guidelines [the scope of the recommended punishment] published false facts, and slandered candidates. The basic area (the publication of false facts for election purpose) of the sentencing guidelines (the amount of two million won to eight million won) (the person subject to special sentencing) is nonexistent.

3. The publication of false facts related to the election for which the sentence is decided;

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