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(영문) 서울북부지방법원 2014.09.26 2014고합324
공직선거법위반
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 4, 2014, the Defendant was a candidate who was sent to the Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government District Election on June 6, 2014.

A false fact shall not be published in relation to a candidate, his/her spouse, lineal ascendant or descendant, or sibling through a speech, newspaper, communication, poster, propaganda document, or other means, with the intention of

On May 2014, the Defendant applied for the recruitment of the two candidates of the Seongbuk-gu Seoul Metropolitan Government City Council Members to the two candidates of the Seongbuk-gu Seoul Metropolitan Government Council Members, but was dismissed from the official examination, and the E candidates were recruited as the candidates for the City Council members of the Seoul Metropolitan Government Council.

Accordingly, the defendant left from the D Party and went out to his office.

The defendant, who was working as a member of the basic council or a basic metropolitan council through three times within the F Party, the telegraph of the D party, but did not receive official ceiling, and he was dissatisfied with the fact that the D Party did not serve as a candidate for the City Council members, who was not a member of the basic council.

In fact, the candidate E who was recruited by the D party is not subject to fraud, and from December 1, 2006 to December 11, 2006, he/she is a person residing in Seongbuk-gu and has resided in Seongbuk-gu for at least eight years.

Nevertheless, the Defendant sent 4,359 letter messages to the head of Seongbuk-gu Seoul Metropolitan Government election office by sending text messagess to H et al., in total, on June 1, 2014, on the following grounds: “(19:0) with the intention of having D Party E not elected; (2) the Defendant, at around June 19, 2014, the Defendant: (3) was placed at the election office of the Defendant of Seongbuk-gu Seoul Seongbuk-gu, Seoul, by sending text messagess to the head of the U.S., who had first been elected; and (4)359 letter messagess by sending text messagess to H et al., who are the right holder of Seongbuk-gu, in the election office.

In this respect, the defendant will not be elected.

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