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(영문) 수원지방법원 안산지원 2017.02.15 2016고합312

공직선거법위반

Text

The defendant is innocent.

Reasons

1. No person who is scheduled to take effect on April 13, 2016, shall distribute, post, spread, screen, or post an advertisement, letter of personnel management, poster, photograph, document, drawing, printed matter, recording tape, and others similar thereto, including the contents supporting, recommending, or opposing a political party or candidate, or indicating the name of a political party or candidate's name, in violation of the Public Official Election Act, from 180 days before the 20th National Assembly member election day which is scheduled to take effect on April 13, 2016 to the election day;

The Defendant is a professor of C (hereinafter “C”)’s medical department, the rehabilitation doctor’s interest at a university hospital, and the rehabilitation graduate school of C medical science. From around 2014, the Defendant was seeking partial professors, etc. to establish the C Hospital at D.

Meanwhile, around March 28, 2016, H, and I, who released the 20th National Assembly election as a candidate for the F constituency and G constituency for E, announced the “C's election campaign,” the main contents of which are the relocation of C's Council members and hospitals, as a pledge, and announced C's plan to relocate the bill and hospital to D's Council members.

On April 4, 2016, C, upon the announcement of the above pledge, has a controversy as to whether C Speakers and hospitals transfer to D to D, and C, upon demanding the Defendant to investigate the background and substance of the business, etc. of the candidate’s announcement as above, and the Defendant started the investigation. Accordingly, the Defendant requested the school to submit the “written explanation about the underground custody” to the school, so as not to give unfavorable notice to the candidates in the school.

On the other hand, the Gyeonggi-do Election Management Committee confirmed C's plan to move to C's houses and hospitals, and C expressed that there is no motion to move to D's houses and hospitals on the side of the Election Management Committee, and the Election Management Committee around April 9, 2016.