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(영문) 광주지방법원 2014.09.19 2014고합296
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

On June 4, 2014, the defendant was the head of the promotional team of the D election campaign zone, who was present at the 6th local election of Dong-si nationwide, as a candidate for C/Gun, and was stiged.

1. On May 24, 2014, at around 08:25, the Defendant offered that, under the title “F candidate and G candidate attempt to purchase” by using computers kept in the 4th election office of the 4th unit D candidate of the building, F, who was a candidate for C head of C/Gun, would be guaranteed preferential rights, such as various kinds of interest and jobs, on the condition that the candidate unification was given to G candidates at the end of March 2014. The Defendant prepared report materials to the effect that he/she filed an accusation against the prosecution, and sent them to the reporters of the 23 press companies, such as Gwangju Daily and Jeonnam National Assembly.

However, in fact, the F candidate did not have attempted to purchase G candidates, but did not have been accused against the prosecution by the F candidate.

As such, the Defendant published false facts to the disadvantage of the F, so that the F, who is a candidate, could not be elected.

2. On May 24, 2014, around 08:36, the Defendant revised the error of the above news report materials at the same place, and then sent them to the reporters of 23 media companies, such as Gwangju Daily, Jeonnam Daily, etc. in the same manner, and published false facts so that the Defendant would be disadvantageous to him/her for the purpose of preventing him/her from being elected.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related H;

1. The application of Acts and subordinate statutes to news articles of the East Asia (six pages of investigation records), news reports distributed by the defendant (five pages of investigation records);

1. Article 250 (2) of the Public Official Election Act (the crime of Article 250 (2) of the relevant Act concerning criminal facts shall be included with crimes of subparagraph 1);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a crime of violating the Public Official Election Act against the reporter of the Gwangju High Court with the largest situation);

1. Suspension of execution of sentence Article 62(1) of the Criminal Act (The favorable circumstances among the reasons for sentencing below) is the defendant and his defense counsel.

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