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(영문) 춘천지방법원 강릉지원 2016.11.10 2016고합77

공직선거법위반

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In relation to the 20th election of National Assembly members implemented on April 13, 2016, the Defendant was a volunteer of the election campaign office E (the 19th National Assembly member) who was a preliminary candidate for the D political party in the C election district.

No person shall publish any false fact with respect to a candidate (including a person who intends to become a candidate) disadvantageous to the candidate by means of a speech, broadcast, newspaper, communications, magazine, poster, propaganda document, or other means, with the intention of preventing him/her from being elected.

Nevertheless, the Defendant, despite the fact that: (a) there was a false fact that the Defendant, at the time, was a preliminary candidate for the 20th National Assembly member C constituency in the election district of the 20th National Assembly member, that “A female student who was enrolled in a large G High School was retired from the school to another place after his/her retirement from the school due to the collective assault of the group; (b) the fact was not verified

1. It means “I, at the office of the regional party council of the Do party branch in the constituency of H on January 2016, who is a Grade V secretary of E” to “I was expelled from the collective rape when he or she was a child or high school.”

2. Around January 16, 2016, among the Dos in which J and F influencing K and influcing with their friendship, “F lines had a case of assaulting female students at high school. F lines did not graduate from high school and were transferred to school. There was sexual assault case. This is because F was the reason why he became aware of G.”

As a result, the Defendant published false facts about F to the disadvantage of F with a view to preventing preliminary candidates F from being elected.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of each prosecution against the accused (including I and K's statement);

1. The prosecutor's statement to K;

1. Partial statement of each police interrogation protocol against the accused;

1. Regarding L, M, N, K,O, P, Q, R, F, Defendant S, T, U, I, and V