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(영문) 서울북부지방법원 2012.11.16 2012고합507

공직선거법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. No person who violates the Public Official Election Act by publishing any false fact shall publish any false fact with respect to any candidate, his spouse, lineal ascendant or descendant, or sibling, in a manner unfavorable to the candidate, through a speech, newspaper, communication, communication, poster, propaganda document, or other means, with the intention of making him elected

Nevertheless, between 10:30 on March 10, 2012 and 11:00 on the same day, the Defendant visited the Defendant’s house located in Dobong-gu Seoul Metropolitan Government D Apartment 109 Dong 1204, and opened on April 11, 2012, for the purpose of preventing the Defendant from winning F, which is a preliminary candidate for the election of National Assembly members conducted on April 11, 2012, and connected to the Defendant’s Internet TV (www.afrec.com) that is operated by the Defendant’s computer, and connected approximately KRW 1,00,00 to the instant broadcast, “I return to the region, while at the time of the election of the head of the Gu, I would have to go back to the region, and would have to stop the candidate for the head of HG 109 Dong 1204, G candidate, and will have to go to the end of the broadcast.”

However, in fact, the fourth simultaneous election of the head of Dobong-gu Office of Dobong-gu, which was implemented on June 2, 2010, stated in the indictment as the "election of the head of Jung-gu" but it is obvious that it is a clerical error in the "election of the head of Dobong-gu". Thus, it

In relation to this, there was no tear or tear of J's will, which is the candidate of the head of H party head of Dobong-gu.

As a result, the Defendant announced false facts to F to the disadvantage of F with the aim of preventing F from being elected.

2. A person who violates the Public Official Election Act by slandering a candidate shall be a candidate or a candidate by openly pointing out facts through a speech, communication, newspaper, communication, poster, propaganda document, or other means, with the intention of preventing

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