공직선거법위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
The defendant is a person who was the chairperson of the Local Steering Committee of D Political Party E.
D A Party was scheduled to set up the F Preliminary candidates and G preliminary candidates as candidates for the 20th National Assembly election E around March 16, 2016 in order to elect candidates for the 20th National Assembly election.
F The candidate for the competition of the F shall be registered as the preliminary candidate for D Party E on March 15, 2016 and shall not participate in the competition of the political party. H “I want to reduce the participation of the F candidate in the competition of the political party and enter the election on the mother line, and then participate in the competition.
H Receipt of the text message “H” and sent it to E voters as it is, and immediately thereafter, the Defendant was urged by G scam candidates, etc. to the effect that the act of transmitting the said text message by the F scam candidates constitutes a violation of the competition rules.
On March 16, 2016, at the election office of the above candidate G located in Seoul Special Metropolitan City around 09:27, the Defendant used the text message transmission system to take corrective measures against the F candidate’s mass distribution of the text message that “H candidate personally sent to FPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP.
The text message “ sent to E-owners of the message.”
However, at the time, D political parties did not have determined that the F HH’s act of transmitting the said text message constitutes a violation of the competition rules. Around March 16, 2016, the Defendant, who was the chairman of the Operation Committee of D Political Parties, did not constitute a violation of the competition rules, determined that the F HH’s act of transmitting the said text message constitutes a violation of the competition rules or did not have the authority to take corrective measures. In fact, there was no fact that the Defendant issued corrective measures.
As a result, the Defendant made a false fact with respect to F Racing candidates in order to prevent them from being elected in connection with the intra-party competition.