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(영문) 부산지방법원 2016.09.30 2016고합488
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

No person shall publish false facts about support from a specific person or specific organization in favor of those who intend to be a candidate by means of a speech, newspaper, communication, magazine, poster, propaganda document, or other means, for the purpose of getting elected.

The defendant is a person who was the president of D's new provincial town C branch of D, which was a non-fluence of Fluence C from February 2, 2013 to December 2015, 2015.

In the election of the 20th National Assembly member that was scheduled to take effect on April 13, 2016, the Defendant, from January 30, 2016 to January 14:28 to 14:37, 2016, for the purpose of getting E to be elected in the Busan F constituency. From January 30, 2016, the Defendant, at the Defendant’s house located in Busan G 108 Dong 3102, Ha, Ha, etc., 60 members of the instant temple, called “Is a fluent and again wanting to win the E member’s election.”

The E-Council member's attempt to participate in the election of the members who are our new and best in the national affairs.

The message to the effect that “ was sent” was sent.

However, the defendant did not have been asked from the representative of the inspection that he would escape E in the election.

As above, the Defendant published the false information to the effect that the Dog National Assembly member instructed him to support E for the purpose of getting E to be elected in the election of the 20th National Assembly member.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement and a written confirmation;

1. Requests for investigation into violations of the Public Official Election Act, and the application of Acts and subordinate statutes as a result of analysis of digital evidence;

1. Article 250 (1) of the relevant Act concerning facts constituting an offense and Article 250 (1) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. Scope of punishment: A fine not exceeding 30 million won;

2. Scope of recommending punishment: Where the degree of publication of false information in the mitigated area [special mitigated person] is weak in the mitigated area of punishment (the publication of false information for the purpose of election) for two types (the publication of false information for the purpose of election).

3. Determination of sentence;

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