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(영문) 창원지방법원 통영지원 2017.02.09 2016고합87
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as a member of the National Assembly in the 19th G City, registered as a preliminary candidate for the National Assembly member on January 25, 2016 for the election of the 20th National Assembly members, and registered as a candidate for the National Assembly member on March 24, 2016 at H political party G on March 24, 2016 and elected as a member of the National Assembly on April 13, 2016.

No person shall publish or have another person publish or publicly announce false facts about whether a candidate, his/her spouse or lineal ascendant or descendant, or his/her family relation status and occupation, etc. are supported by a candidate, an organization to which the candidate belongs, a specific person or specific organization, etc. belongs, in favor of a person who intends to be a candidate or candidate, by means of a speech, broadcast, newspaper, communication, poster, propaganda document, or other means

Article 3 (2) of the Regulations on Recommendation of Candidates for Public Officials of H. Article 3 (2) of the Regulations on Recommendation of Candidates for Public Officials "The Committee on the Management of Public Officials of Each Grade has become final and conclusive in the final trial on the grounds of a violation of the law related to bribe, acceptance of illegal political funds, competition, etc.

Provided, That this shall not apply to a person who has been pardoned or reinstated.

“.......”

In this regard, on April 23, 2015, the article introduced the provision on the recommendation of candidates for public service of the above H political party in the G local journalist "I" in the article to the effect that "A member was sentenced to a suspension of one year of imprisonment with prison labor for the charge of acceptance of bribe and was sentenced to a suspension of two years, and there is no priority recommendation area (in the absence of any qualifications for application for appointment of the H political party, strategic vacancy) in the absence of any qualifications for application for appointment of the H party." On the basis of the H party innovation proposal, the article to the effect that "if a member of the H party candidate group is fake, the free withdrawal of the A member will be clearly made if the member is fake, in the absence

Accordingly, the Defendant had a mind to distribute a statement to the effect that his H party qualification is an official astronomical qualification to distort controversy within the local constituency for his H party qualification, and on April 20, 2015.

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