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(영문) 의정부지방법원 고양지원 2014.07.24 2014고합114

공직선거법위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a partner of G (G was registered as a candidate on May 15, 2014) who wishes to become a candidate for the F Party in the sixth basic local government election, and H and J are those who wish to become a candidate for the P Party in the above election as a competitor of G.

(H) On May 15, 2014, H was registered as the candidate for the I Party in the Pakistan market, and J was registered as the candidate for the I Party in the Pakistan market on the same day. The Defendant came to know that the said H was in a hostile relationship with G by continuously inserting a critical report on the correction and operation of Pyeongtaek G as the publisher of the local journalist. In the process of election campaign preparation, the Defendant was aware of the fact that H was in a hostile relationship with the G, such as continuously publishing a critical report on the correction and operation of Pyeongtaek G. In the process of election campaign preparation, the Defendant was willing to publish false facts about H and J with the intent to purchase two 'Masophopopopopopopopopopopopopopopopopopic’ around March 18, 2014, with the intention to prevent the election of H and J from being elected.

On March 30, 2014, the Defendant: (a) around 17:40, the Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Seoul; (b) using the said largephone, “H is a person who gets free of charge by gathering and threatening the money of the same class in the figures of M Elementary School; (c) is a person from L reporter’s origin; and (d) is a person who has not opened money to H when a business is in strike; and (e) there is no person who has not opened money to H.; (d) a criminal record seven criminal record, and (e) took a text message, and sent 383 text messages to 59 persons, including N residing at the time of strike.

그러나 사실은 피고인은 H이 속칭 ‘사이비(似而非) 기자’라는 풍문을 들었을 뿐 문자메시지에 기재한 내용은 피고인이 사실관계를 전혀 확인하지 않은 채 가공(架空)한 허위의 사실로서, H은 M초등학교 동문회비를 횡령하려다가 쫓겨난 사실이 없고, 형사처벌을 받은 전력이 없었으며, 당시 공갈 혐의로 재판 중인 사실도 없었다.

This is the defendant.