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(영문) 광주지방법원 2014.10.17 2014고합352
공직선거법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

No person shall publish any false fact with respect to a candidate, his/her spouse, lineal ascendant or descendant, or sibling disadvantageous to the candidate through a speech, broadcast, newspaper, magazine, poster, propaganda document, or any other means, with the intention of prohibiting him/her from being elected.

On June 4, 2014, the Defendant: (a) expressed that D(s) released as a candidate for C head of C/Gun in the 6th nationwide local election of Dong-si, which was implemented on June 4, 2014, would not be elected; (b) around May 14:0, 2014, there was a talk that the head of C/Gun would have the head of C/Gun, using a high performance loudspeaker system in the F/C candidate (party) G located in the former C/E from May 14:0, 2014; and (c) there was a speech that only the project should not go through the f/Do. If the power of the f/Gun is more than the head of f/Gun, there is a problem. In the case of the c/Gun, the f/Do head of the f/Gun would have been distorted.”

However, the fact is that H had never been involved in the personnel affairs of the C military administration or the C military administration.

As a result, the Defendant published false facts about D and H through a speech before many unspecified C military citizens for the purpose of preventing D from being elected.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to H

1. Article 250 (2) of the Public Official Election Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a person who violates the Public Official Election Act due to the publication of false facts about D with heavy circumstances);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences by law: Imprisonment for not more than seven years;

2. Determination of sentence: The 1-year Public Official Election Act, which is the basis of democratic politics, will be the citizens of the National Assembly for the six-month suspended sentence.

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