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(영문) 대전지방법원 서산지원 2012.12.06 2012고합157
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

D is a winner of the election for the 19th National Assembly member who was held on April 11, 2012, and the defendant A is a person in charge of publicity duties as a volunteer of the election campaign office E for the same election district.

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

D, a candidate for the election of the National Assembly member of the 19th National Assembly, forged his/her academic background in a candidate debate held from around 16:30 on April 2, 2012 to 18:00 on the day of Daejeon MBC, which was conducted by the candidate for the election of the 19th National Assembly member.

There was no time to violate the Public Official Election Act.

Nevertheless, on April 3, 2012, the Defendant: (a) stated that “In the debate of the candidates for Daejeon MBC located in the 2nd election day before the candidate, the candidate was the front of the voters,” and that “The Defendant sent the report materials containing any false fact to the head of the Frido Policy Office G on April 10, 2012, not the regular academic background, and the fact-finding on the election campaign under the Public Official Election Act, and accused him/her of the violation of the D candidate election law on April 3, 2012.” (b) stated that “The Frinam-do candidate was the front of the voters,” and that “The report materials stating the false fact” were prepared, and around 10:56 on April 3, 2012, sent the report materials to G by e-mail, and let G send them to G to 2000 Internet news media users on April 16, 2012, and eventually sent them to 2014 Internet news media reporters on the Internet.

Accordingly, the defendant announced false facts to be disadvantageous to D who is a candidate.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant;

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