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(영문) 창원지방법원 통영지원 2016.06.02 2016고합27
공직선거법위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 5,000,000 won.

The above fine shall be imposed on Defendant B.

Reasons

Punishment of the crime

[Reference Facts] D Party conducted telephone public opinion polls and telephone public opinion poll conducted on September 23, 2015 to 700 party members around October 28, 2015 against the 700 party members around September 23 through 24, 2015, and conducted 30% and 70% of the results of each public opinion poll, respectively, at the support rate calculated by adding the 30% and 70% to the candidates for D Party. The participants in the competition at the above D Party were F, G, H, I, and J.

[Criminal facts]

1. No person shall publish or have anyone publish false facts with respect to a candidate for the competition, his/her spouse, or lineal ascendants, descendants, brothers, sisters, or siblings disadvantageous to the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of preventing him/her from being elected as a candidate in connection with any competition in the party, and no person shall defame a candidate (including a person who intends to become a candidate), his/her spouse, lineal ascendants, descendants, brothers, or siblings by openly pointing out facts through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of getting him/her elected or not to be elected;

Nevertheless, on October 28, 2015, Defendant A was a preliminary candidate for D political party of E/M re-election.

On September 22, 2015, F made it clear how the F will change the F fraud when manufacturing 10,000 head of the Pampling 10,00 and all of our family members in the residential area of the defendant A, located in Yeongdeungpo-gu Seoul Metropolitan Government, and 101 Dong 602, with the intention of preventing the F from being elected as a candidate from being elected as a candidate in the competition line within the D party.

I think this change of fraud can not become the head of E Gun.

In a trial, the E Gun residents' decision shall be made as follows: (a) who considers the E Gun residents as they are, without any increase or decrease, in the records of trial, such as F complaint, internal response, etc.

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