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(영문) 서울북부지방법원 2017.02.03 2016고합477
공직선거법위반
Text

A defendant shall be punished by imprisonment for six 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 is the head of the election campaign of the candidate E in the election district of the 20th general election party C.

No person shall publish or have another person publish or publicly announce any false fact with respect to a candidate, his/her spouse, lineal ascendant or descendant, or sibling, in a manner unfavorable to the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of preventing him/her from being elected.

1. On March 13, 2016, the issue of violation of the Election Act by the F candidate is being raised while four candidates, including attorneys-at-law E, a political party C, I being a political party, J, and F from the National Assembly K, are participating in competition that has been opened against the competition.

- The F candidate asked the local residents of the past 2th day of the past month about his support level through the telephone public opinion poll, while asking questions about who marks the F candidate's Ma from L party preliminary candidate National Assembly member.

- This was an act of violation of the Election Act by pre-election campaign, and it entered the G Election Management Committee to conduct an investigation, and N police stations began to conduct internal investigation in violation of the Election Act.

After 18 days, it was transferred to the prosecutors' office located in the north-do.

- G 선거관리 위원회 관계자는 “ 선거를 유리하게 만드는 꼼수는 이제 그만!” 이라고 밝히며, “ 공정한 선거를 위해 최선을 다 하겠다” 고 전했다.

Before this, F candidates were given warning to the G Election Commission because they conducted the primary public opinion poll even in the last one month.

- In this regard, this public opinion poll was followed by the second public opinion poll, and again, by the violation of election law.

On the other hand, according to the results of the investigation, F candidates can be deprived of their eligibility, and the results will be noted.

The Defendant did not engage in an illegal election campaign by a preliminary candidate for FD Party C in the FD constituency or received a warning from the G election management committee, and the Defendant was located in Seoul H on March 4, 2016.

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