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(영문) 창원지방법원 2016.08.11 2016고합102

공직선거법위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant was a volunteer of the E market re-election campaign office F(G party) of the E market re-election campaign office (G party) implemented on April 13, 2016.

G Political Party held, from February 26, 2016 to February 27, 2016, 50 million 50,000 citizen E in 10% of the 27th of the same month, in relation to the re-election of the E market, and F was released as a candidate to the competition in the above 1st election.

No person shall publish false facts about whether a candidate (including a person who intends to be a candidate) supports any specific person or specific organization, etc. in favor of him/her through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of being elected or having another person elected in connection with the intra-party competition.

From February 24, 2016 to February 11:29, to 12:20, the Defendant, at the F election campaign office located on the fourth floor of H building, using the text message transmission system (Web) installed therein, was “(Web) 26 to 27 days,” and at the market public opinion poll (05 to 055) of G political parties, I support candidates, and F Selection.

The text message “ sent to E 10,802 people.”

However, in fact, there was no fact that the 'I'(hereinafter "I") did not determine and publicly announce the F's support in the national and South Gyeong-nam regional unit, and the individuals of the Gyeong-Nam et al. (hereinafter "I"), around February 24, 2016, were merely the individuals of the Gyeong-Namn group who had supported F.

As a result, the Defendant published false facts about support from a specific organization for the purpose of getting F elected in connection with the intra-party competition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement by the witness J;

1. Application of Acts and subordinate statutes, such as reporting on findings of the violation of election laws, printing out of each website, I operating rules, and verification of the details of sending text messages of net style styles;

1. Article 250 (3) and (1) of the Act on the Election of Public Officials in Charge of Criminal Facts and Articles 250 (1) (generally, selection of fines);

1. A fine of 1,00,000 won for a decision of sentence;