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(영문) 울산지방법원 2016.12.16 2016고합315

공직선거법위반

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 50,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A was a person in charge of the head of organization in the election campaign office of the I, who was going to the candidate belonging to the G constituency H political party in the election of the 20th National Assembly member that was implemented on April 13, 2016, and the defendant B was a person in charge of audit in the J Council, and K was a member of the 19th G Assembly and a person who was registered as a preliminary candidate belonging to the G constituency H political party in the election of the 20th National Assembly member, and was excluded from the preliminary competition.

No person shall publish any false fact with respect to a candidate disadvantageous to the candidate (including a person who intends to become a candidate) by means of a propaganda document or other means, or slander the candidate, with the intention of preventing him from being elected.

In addition, in order to influence the election from 180 days before the election day to the election day, no one may distribute documents, drawings and others similar thereto including contents of support, recommendation or opposition of candidates, or indicating the candidate's name.

1. Around January 15, 2016, at the I candidate election campaign office located L, Defendant A drafted a printed article containing the following contents: “M-Nki, O-P Museum, Q-R art gallery,” and “K has also been deducted. There is no new technology in S Museum, R art gallery, and Nitta G. There is no new design in S., Rart, and Nitta G.”, “I ambly, I am dead-type sewage treatment plants and T, one of the three main suspected facilities, and I am dead-type sewage treatment plants, I am dead-type, I am dead-type, I am dead-type, I am dead-type, Qgu, Qit-type, I am dead-type (350,00).” “U complex is allowed.”

However, in fact, N Center, P Museum, and R art gallery, etc. were not scheduled to be established in G, and there is no promise that K has promised to attract other facilities except the P Museum among the above facilities to G, and the prosecutor indicted “K has not promised to attract the above facilities to G,” but the reference materials submitted by the Defendant on April 2012.

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