beta
(영문) 대구지방법원 포항지원 2019.01.31 2018고합112

지방교육자치에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 the head of the planning office of the candidate C, who was a candidate of the stige of the stige of the presidential election of the Gyeong-dong local government.

No person shall publish or have another person publish or publicly announce false facts about the place of birth, family relation, status, occupation, career, property, act, activity, organization to which he/she belongs of a candidate, whether he/she supports from a specific person or specific organization, etc. in favor of a candidate, his/her spouse, lineal ascendant or descendant, or sibling, by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, etc.

D agreed to select a remuneration team candidate through the results of the first public opinion poll conducted in Korea, L, and M, G Broadcastinger H, I, J, and G journalist K, L, and M, which were disadvantageous to the remuneration candidate for the simplification of remuneration candidates for GB, but the above broadcasting company and media company failed to select a remuneration team candidate according to the procedure agreed in advance because they did not conduct a public opinion poll on the candidates for GB candidate, as the result of the public opinion poll conducted by the local media around May 22, 2018, D decided to solely accept a remuneration candidate through a total sum of the results of the public opinion poll conducted by the local media around May 23, 2018, and as a result, C was replaced with a remuneration candidate on May 23, 2018, C was presumed to be a remuneration candidate, and C was merely replaced with D as above, but was not a remuneration candidate.

그럼에도 불구하고 피고인은 2018. 6. 3.경 포항시 N 소재 건물의 6층에 있는 C의 선거사무실에서 ‘선거정보 ♡C♡ 젊은 B C 보수단일후보 추대 확정!’ 이라는 내용의 문자메시지를 경북도민 24,669명에게 발송하고, ‘♡C♡ 50대 젊은 B C 보수단일후보 추대 확정! 경북B후보 C 올림’ 이라는 내용의 문자메시지를 경북도민 255,918명에게 발송하였다.

Accordingly, the defendant published false facts about his status for the purpose of getting C elected.

Summary of Evidence

1. The defendant's partial statement 1.1.