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(영문) 대구지방법원안동지원 2020.12.17 2020고합59
공직선거법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a partner of the Cparty D candidate, who was going to the election district B for the 21st National Assembly member election.

No person shall publish false facts about a candidate disadvantageous to the candidate by means of a speech, broadcast, newspaper, communications, magazine, poster, propaganda document, or other means, with the intention of prohibiting him/her from being elected.

1. On April 5, 2020, the Defendant: (a) visited the Defendant’s company located in Seongbuk-si, Sungnam-si, with the purpose of preventing the Defendant from being elected F, a candidate for a National Assembly member of the 1,463 member of the B constituency E political party, by using the Defendant’s mobile phone to the “G” Round, which is affiliated with the “H” to the “G” Doz; and (b) posted a false organization in which the “F” was indicated as the “F of the I Alternative Camp” in the text posted by the “J”, in spite of the fact that the Defendant F was active as the legal team leader in the I Alternative Camp.

2. On April 6, 2020, the Defendant, at around 16:40 on April 6, 2020, connected the Defendant’s company as indicated in paragraph (1) to the 6,287 members of the Defendant’s mobile phone using the Defendant’s mobile phone for the same purpose as indicated in paragraph (1) and posted a false organization indicating the “F of the I presidential camp team leader” in writing, even though the Defendant did not act as the head of the legal team at the I presidential camp, even though the Defendant did not act as the manager of the legal team.

As a result, the Defendant published the false facts on candidates two times with respect to the candidates who are disadvantageous to candidates F, with a view to preventing the election.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the police interrogation protocol of the defendant

1. The police statement of M;

1. An investigation report (the printing out of H’s sign), an investigation report (the reporting at the time of recognition of false facts), an investigation report (Attachment to a sign posted in K), an investigation report (report related to public opinion polls), an investigation report (Attachment to a video file of the N Counterline Planning Group), and a candidate for an investigation report.

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