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(영문) 청주지방법원 2016.08.19 2016고합56
공직선거법위반
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months;

2. Defendant B shall be punished by imprisonment for six months;

except that from the date of this judgment.

Reasons

Punishment of the crime

2016 Gohap 56 Defendant A is a person who is an issuer and representative of K, an Internet news.

A person who manages and controls broadcasting, a newspaper, wire service, magazine or other publications or a person who gathers materials, writes or reports shall not receive, solicit, demand or promise money, valuables, entertainment or other interests provided for an election campaign.

Defendant

A around February 3, 2016, in L News, which is Internet news, had been held on April 13, 2016, in order to receive money and valuables under the pretext of receiving money and valuables for the purpose of promoting articles favorable to the outcome of the 20th National Assembly public opinion poll on the election of the 20th National Assembly members, which will be held on April 13, 2016.

Defendant

A around February 4, 2016, in relation to the election of the 20th National Assembly members of the 20th National Assembly in the Cheongju-si, Cheongju-si, N party Cheongju-si, the P issues K, which is the seat of the L News, to P in the election office of the preliminary candidate for the N Party Cheongju-si.

In addition to the result of the public opinion poll reported in L News, if public relations articles are distributed, they will be significantly helpful for the increase of awareness, and at that expense, they demand that only 1.2 million won be changed.

As a result, Defendant A demanded money and valuables for election campaign to the candidate in preparation for election campaign even though he is subject to management or editing.

2016 Gohap 63, Defendant B operated Q, a public opinion company, and Defendant C is the issuer of L News, an Internet newspaper.

No one shall publish or report the results of a public opinion poll on an election, and no person who operates or manages broadcasting, newspapers, communications, magazines, or other publications, or any person who publishes, gathers materials, writes, or reports news or news reports, with intent to cause a specific candidate to be elected or not to be elected, shall report or comment on a false fact with respect to the election, or make a false report or comment on a fact distorted.

1. Defendant B and C’s joint crime committed on January 2016, in relation to the election of National Assembly members conducted on April 13, 2016 to Defendant B, who operates Qa of a public opinion poll company.

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