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(영문) 서울중앙지방법원 2013.08.08 2012고합1269
공직선거법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant carried out an election campaign to make E elected from the 19th election for the National Assembly member in the election for the 19th National Assembly member as the spouse of the candidate E for the 19th National Assembly member election district in Seongbuk-gu Seoul.

No person shall publish false information about a candidate disadvantageous to the candidate by communication or other means, with the intention of preventing the candidate from being elected.

There is no fact that G candidates for the election of the 19th National Assembly member of Seongbuk-gu Seoul Seongbuk-gu Seoul Central Assembly members abuse the status of the Seoul Central Government Government Affairs Mayor and the member of the National Assembly, thereby allowing H (hereinafter referred to as “H”) a convention company, which serves as vice president, to hold a majority of the exercise of the government and the local government, and did so through abuse of power.

Nevertheless, the Defendant thought that E and G are likely to compete within the range of error and that E and G may fail in an election within the scope of error, and that he had expressed false facts as to G in an election of a National Assembly member, thereby attempting to carry out an election campaign.

On April 5, 2012, at around 10:00, the Defendant sent to the 19th National Assembly member election commission, the 19th National Assembly member Seoul, and the 5.214 National Assembly member's Gu residents, etc., who are members of the J government, with the title "G weather is a civilian victim of the J government because he is well-being by I in charge of sending the election campaign information (election campaign information) in the election office of the candidate E in Seongbuk-gu Seoul, Seongbuk-gu, Seoul."

As a result, the Defendant makes a false representation as to the disadvantage of G candidates for the purpose of preventing them from being elected in the election of the 19th National Assembly member.

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