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(영문) 서울남부지방법원 2017.03.21 2016고합495
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Although the facts charged in this case indicate that the part of “J” in the Defendant’s statement refers to “J” as a whole, “J area” can be fully understood as meaning of “I constituency” as seen below.

In addition, since the facts charged in this case are up to February 28, 2017, and the budget not executed at the time of the above speech remains in KRW 583 million, the above facts charged in this case also indicate that the defendant's above statement cannot be seen as having yet to achieve the objectives of the above project. However, it cannot be readily concluded that the above statement made by the defendant is a reference to the budget support period or the achievement of the above project's goals, and whether the above project's goals have been achieved or not falls under the opinion or evaluation made by comprehensively taking into account all the elements related to the above project.

The facts found guilty were partly modified based on the evidence adopted and examined by the court to the extent that it does not interfere with the defendant's defense right.

The Defendant was elected in the 20th election of National Assembly members on April 13, 2016 as a candidate for H political party I election in the 20th election of National Assembly members.

No person shall publish false information about the place of birth, family relation, status, occupation, career, etc. of a candidate, the spouse of the candidate or his/her lineal ascendant or descendant, or his/her organization, or whether he/she has supported a specific person or specific organization, etc., in favor of a candidate (including a person who intends to be a candidate) by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of getting elected or having another person elected.

Nevertheless, the Defendant introduced K projects as one of the achievements achieved at the time when the Defendant was in office as a member of the National Assembly in the “I” constituency at around April 5, 2016, while introducing K projects.

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