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(영문) 광주지방법원 목포지원 2014.11.13 2014고합131

공직선거법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the president of the Korea AFFFC located in Jeonan-gun C, and a full-time executive officer of the Korea AFFFC.

No full-time officer of a cooperative established under the Agricultural Cooperatives Act may engage in an election campaign.

Nevertheless, at around 19:00 on May 27, 2014, the Defendant: (a) stated that “five candidates, such as G, H, I (E election campaigners for the Unclaimed Military Branch), K, L, etc., who are members of C’s meetings, are members of the C’s meetings; (b) “N are a single candidate with a large number of population; and (c) the C, while there are more than N but only two candidates in the region, may not be elected; (c) one candidate may not be elected; and (d) one will not combine with power; and (e) support the election campaign by appealing for the election campaign by the f’s members of the Unclaimed Local Party’s National Assembly who received the election by the P Party at the 6th time nationwide local government election by the P Party at the 6th time.”

2. Determination

A. The Defendant asserts that there was no fact that the Defendant consistently complained of support from the police to the court.

B. Therefore, according to the records, at least the defendant made a statement at the meeting of this case containing the same purport as the above facts charged can be acknowledged.

However, comprehensively taking account of the purpose and progress of the meeting of this case as seen below, the Defendant’s primary purpose of the above statement appears to be merely an opinion of the I to the extent that the need for a single candidate exists in the presence of two or more candidates in C.

This is only an election campaign under the proviso of Article 58(1) of the Public Official Election Act, which is not considered as an election campaign.

① From May 29, 2014, 11:00, the National Agricultural Cooperative was located in the Qua-Gun Qua-gun, Chungcheongnam-do around 200.