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(영문) 대전지방법원 2016.10.13 2016고합213
공직선거법위반
Text

A defendant shall be punished by imprisonment for one year.

However, 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

The defendant is the head of the policy office for the election countermeasure committee for the E candidate belonging to the D Party, which has taken place in the election of National Assembly members of the Daejeon Daejeon District.

No person shall publish or have another person publish or publish false facts about a candidate, his/her spouse, lineal ascendant or descendant, or sibling disadvantageous to a candidate through a speech, broadcast, newspaper, communication, poster, propaganda document, or other means, with the intention

Nevertheless, on April 3, 2016, the Defendant, at the time of F Party G, a candidate’s election for the National Assembly member of the Daejeon District of Daejeon District Office, conducted a press report to the effect that “the abolition of the tolls of the H Expressway” among the candidate’s pledges at the time of the candidate’s election for the National Assembly member of the Daejeon District of Daejeon, had not been prepared as a means to secure financial resources, etc., and subsequently, modified the same in bad faith to the effect that “the National Election Commission selected the G candidate’s pledge as a preliminary candidate’s campaign,” and, by informing the electors of it, attempted to publish the false facts about the G candidate

1. Around 10:00 on April 4, 2016, the Defendant: (a) knew that at the election campaign office of a candidate E with the third floor located in Daejeon I, the National Election Commission did not select the above pledge of a candidate for G as a core pledge; (b) made a report by means of a computer, stating that “the Central Line Authority has selected a candidate for G as a representative core pledge to abolish the H Expressway; and (c) then sent the e-mail attached to the said report data file to a media company via the person in charge of accounting of the said election campaign office, who is not aware of the fact, at around 12:00 on the same day.

2. On April 4, 2016, the Defendant’s election campaign office on April 12:30, 2016, and the news articles of “channelA” in the media articles of “channelA,” the central line officer’s top priority over the said pledges of G candidates.

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