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(영문) 서울북부지방법원 2015.02.11 2014고합483
공직선거법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for one year and three months.

Reasons

Punishment of the crime

Defendant

A served as the representative director of J Co., Ltd., the I’s subsidiary from October 201 to October 2012. On June 4, 2014, the 6th nationwide local election, which was implemented on June 4, 2014, is a person who was selected as a candidate for the head of K LA head, and Defendant B is a reporter who is in charge of the second director’s duties of “M” as a daily election.

At around 21:50 on May 28, 2014, N, under the influence of alcohol 0.157% at L-gu Seoul Special Metropolitan City L-gu L-gu O, caused confusions about the lane while driving a P-string vehicle, which is an election vehicle of the above A's spouse Qu, where four persons, such as the above A's spouse Qu, are on board, to turn to the left at the first lane.

(hereinafter referred to as the “instant traffic accident”. On the other hand, N, the perpetrator of the instant traffic accident, is a person who has no relation with T, a candidate for the head of SP.

1. The candidate, his/her spouse, lineal ascendant or descendant, or sibling shall not be published or announced publicly, or held for the purpose of distributing a propaganda document containing any false fact to be unfavorable to the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of preventing the Defendants from being elected;

Nevertheless, on May 29, 2014, the Defendants conspired to gather false news report materials to the effect that the instant traffic accident is a political terrorism in order to cause the collision of vehicles intentionally by a person on the part of a candidate for the election campaign of Defendant A by intentionally conflicting the vehicle in order to make a criminal defendant A, whose election is able to fall short of the instant traffic accident site, by taking advantage of the fact that the election campaign member, who is a candidate for the head of S LA, had observed the instant traffic accident site, at around 12:01.

Accordingly, Defendant B is at the election office of Defendant A, at around 15:00 on May 29, 2014, who is located in the Seoul L-gu U 420.

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