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(영문) 대구지방법원 포항지원 2018.12.20 2018고합95
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 13, 2018, the defendant was the president of C election who was elected as a candidate for the election of a member of the City Council B throughout the country on June 7, 2018.

No person shall publish or publicly announce false facts about the place of birth, family relation, status, occupation, career, etc. of a candidate, his/her spouse or lineal ascendant or descendant, organization to which he/she belongs, any specific person or specific organization, etc., in order to be favorable to a candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of getting elected or having another person elected, or by other means.

D The preliminary candidates for Do Council members in the City/Do Council members E (B 3 constituency), F (B 6 constituency), B’s preliminary candidates G, H (hereinafter “D”), J (hereinafter “E”), K (F’s constituency), L (A’s constituency), M (A’s constituency), C(A’s constituency), and C(hereinafter “A’s constituency”) in the City/Do Council members B on May 14, 2018. However, the preliminary candidates for the City/Do Council members in the City/Do Council members in the Dong area of 10 were organized under their command by declaring the movement of N Parties on May 14, 2018. However, the aforementioned 10 candidates for the National Assembly members who were affiliated with the National Assembly members, among the candidates who were affiliated with the National Assembly members, who were affiliated with the National Assembly members, were able to enter into a single negotiation to determine the candidates to enter the National Assembly members under their command.

There was no single negotiation with a non-affiliated candidate who is not an affiliated or non-affiliated member.

Nevertheless, the Defendant used mobile phone from the election office of the above C, which was located in around 10:22 on June 8, 2018, to the electoral residents of the election district No. 8 C candidate for the single candidate for Bless Joint and Several Positions.

The message sent 148 messages containing “.............”

Accordingly, the Defendant published false facts about the candidate status by means of communication for the purpose of winning the candidate C in election.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Details of the dispatch of accusation or text messages;

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