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(영문) 대전지방법원 천안지원 2017.01.18 2016고합178

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

No person shall publish false facts with respect to a candidate, his/her spouse, lineal ascendant or descendant, or sibling disadvantageous to the candidate by means of a speech, broadcast, communication, newspaper, communication, poster, propaganda document, or any other means, with the intention of preventing him/her from being elected in connection with

On June 2015, the Defendant was present at the election of the chairman of the Operation Committee of the D Party Members Council of C Party D, and was absent from August of the same year, and the Defendant raised suspicion of evading military service against the son elected in the above election through sending text messages from August of the same year.

On January 7, 2016, the Defendant and E registered as a preliminary candidate in the election district of the 20th National Assembly member of the same year. On January 7, 2016, the Defendant sent to the electoral district residents a text message containing the following contents: “EA military service issues,” and distributed the news report materials stating “E preliminary candidates clarify the truth of the suspicion of military service by ASEAN,” and “E preliminary candidates clarify the truth of the suspicion of military service by ASEAN.”

H Upon receipt of a report that the above act of the Defendant’s above act is in violation of the Public Official Election Act, and around the 15th day of the same month, the Defendant sent a letter to the Defendant stating that “the submission of materials proving the suspicion of evading military service by the E” was “the submission of materials proving the suspicion of evading military service by the E,” and the Defendant submitted explanatory materials, such as E’s photograph to the above election management commission, and presented his opinion that it is necessary to confirm the military register certificate and medical record for the son’s children.

E as a result, the 16th day of the same month, the same year.

2. 22. Around 22. Around the election management commission submitted to the election commission a certificate of military register stating the history of military service from a draft physical examination of the son to a draft physical exemption disposition, and evidence of obligations from the birth of the son to the recent years.

H Election Management Committee is each submitted by Defendant and E as above.