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(영문) 전주지방법원 남원지원 2018.12.13 2018고합41
공직선거법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person who was elected as a candidate for a party D in the election of members of the constituency C of B Council at the 7th simultaneous local election conducted on June 13, 2018.

No person shall publish or have another person 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, or sibling, such as the place of birth, family relation, status, occupation, and career, organization to which he/she belongs, a 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 any other means with the intention of being elected or having another person elected.

On March 10, 2003, the Defendant was sentenced to a fine of one million won for a violation of the Farmland Act in the support of the Southern District Court of the Jeonju on March 10, 2003. At the time of applying for the registration of a candidate, the Defendant, his spouse, and his lineal ascendants and descendants were KRW 581,559,000, and the sum of the tax payments for the last five years was KRW 4,827,000.

Nevertheless, on May 18, 2018, the Defendant requested the “G” for the F operation in North Korea, and produced the election campaign bulletin to be distributed to election district residents in connection with the election of the National Assembly members of the local election B at the same time on the seven occasions throughout the country, and distributed the said election campaign bulletin to the residents in the column of “property status and military service” in paragraph (2) of the said election campaign bulletin, including “property status: 507,061 (per : 507,061)” and “the past five years’ payment and default of taxes, and criminal records” in paragraph (3) of the said election campaign bulletin, and submitted the said election campaign bulletin to the Election Management Committee on June 2, 2018, thereby distributing KRW 2,745 to the election district residents.

Accordingly, the defendant published false facts about the candidate's career in favor of the candidate for the purpose of election.

2. It is true that some contents different from the facts are stated in the election bulletin, such as the summary of the charges charged.

However, this is the defendant's election campaign bulletin.

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