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(영문) 대구지방법원 2014.09.05 2014고합412
공직선거법위반
Text

1. The defendant shall be punished by a fine of 800,000 won;

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

Reasons

Punishment of the crime

On June 4, 2014, the Defendant participated in the 6th election district in Daegu City/Sig-si, Daegu City/Sig-si.

However, even though the Defendant merely served as the president of the general school in the Daegu Special Metropolitan City of D University, the Defendant prepared 57 posters, etc. in the constituency of Daegu, etc. during the period from May 22, 2014 to June 3, 2014, and distributed 39,319 copies of the election campaign bulletins to electors in the constituency of Daegu, etc. from March 27, 2014 to June 3, 2014, and distributed 26,000 name cards to electors from March 27, 2014 to June 3, 2014.

As a result, the Defendant published false facts on the election campaign bulletin materials, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Each investigation report (including attached documents);

1. Application of Acts and subordinate statutes to reply to requests for investigation and cooperation, such as a certified copy of name cards, election campaign bulletins, book-type election campaign bulletins, documents of confirmation of matters to be entered in A career records, Daegu-do North Korean University and University Federation for Students, career records in the list of candidates, replys to requests for investigation and cooperation (the dispatch and purchase,

1. Article 250 (1) of the Act on the Election of Public Officials and Article 250 (1) of the Act on the Election of Public Officials for the Establishment of Relevant Acts and Punishment

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: A fine not exceeding 30 million won;

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is weak in the area of mitigation (700,000 won-3 million won) (special mitigation) in the area of mitigation (the publication of false facts for the purpose of election) of types 2 (the publication of false facts for the purpose of election).

3. Determination of sentence: A fine of KRW 800,000 is imposed on the crime of this case by stating false career in the name of the defendant, the official gazette, etc. and distributing it to unspecified persons, and academic background or career.

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