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(영문) 대구지방법원 김천지원 2017.01.24 2016고합123
공직선거법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant was a preliminary candidate for the F Party in the 20th National Assembly election E constituency, which was implemented on April 13, 2016, and G was a corporation I in H, and J was a candidate for the F Party in the 20th National Assembly interest for the 19th National Assembly member.

In order to prevent the J from being elected in the 20th National Assembly election, the defendant and G have formulated articles of false or unfavorable contents to J and promotional articles of the defendant for the defendant to be elected, and have the intent to post them on the I website and on the ground where G works.

1. On October 12, 2015, the Defendant published false facts in collusion with G, and there was no plan to summon the J and investigate the facts on the I website (K) around October 12, 2015, and without confirming whether the J provided money and valuables to the executives of the F Party E regional party E, the Defendant was known as “L” under the title “L” as “I”.

From August of the past, the prosecutor who has investigated the suspicion of violation of the Public Official Election Act against the members of the J Council and the members of the F Party E by local party, has concluded the investigation of the members of the Council and the members of the Council so far, and finally, became known that they are preparing for summons investigation of the members of the Council.

The prosecution is a policy to decide whether to prosecute the Council member as it completes the investigation of the J Council member in October.

As a result of the investigation conducted by the prosecution, the prosecution has been bound to confirm the fact that the J member provided money to the executives of the F Party E-local party members council.

“Preparation and publication of an article that read “ shall be made available to unspecified electors who have access to the said website,” and around that time, a link of the said press is placed on the NAV, Pand Pand Pand P, where many members, such as M, are affiliated, and it is over October 22, 2015.

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