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(영문) 대전지방법원 천안지원 2018.12.19 2018고합214

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

On June 13, 2018, the Defendant was a person who was released as a preliminary candidate for the E market to which D party belongs in the 7 simultaneous local elections nationwide.

No person shall publish false facts with respect to the candidate's career, etc. in favor of the candidate through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of being elected or making another person elected in the competition of a political party.

Although the Defendant was in office as “F” from September 21, 2015 to June 30, 2017, the Defendant was merely a public official of the full-time fixed-term class A (chief A) and did not fall under the position of the Assistant Minister.

Nevertheless, on April 16, 2018, the Defendant, at the Defendant’s election office located in G Party E (302) of G Building around April 16, 2018, held an urgent meeting to appeal for fair competition and support for the election of candidates for D Party E market elections, and offered press report materials stating “Class 1 Assistant Minister of H Committee Planning 1,” and published the false information on the Defendant’s career to visitors, electoral residents, etc. at E city via E-mail, text message, pagebook account, etc., for five times from April 30, 2018, including providing the press report materials stating “Class 1 Assistant Minister”.

As a result, the defendant published false facts about career in favor of the candidate in the competition for the purpose of winning in the competition.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written agreement on appointment of public officials with fixed terms of office, and public announcement of employment of specialized public officials;

1. Application of the statutes of this article posted by the Defendant on April 16, 200 to the Defendant’s Facebook, the details of the message sent by the Defendant, the current status of sending and reporting material of an urgent press report on April 16, the current status of sending and reporting material of an urgent press report on April 30, the current status of sending and reporting material of a press report to the public’s appeal, the content of the above citizens’ appeal, and the application of the Defendant’

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;