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(영문) 의정부지방법원 2019.02.15 2018고합424
공직선거법위반
Text

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

Reasons

1. Summary of the public prosecution;

A. The facts charged as stated in the summary of the facts charged were rhyd to the minimum extent necessary for the following judgment:

The Defendant is the election campaign manager of C who was elected to B in the 7th local election of Dong-dong local government, which was held on June 13, 2018.

On July 2, 1976, the Defendant indicated “D High School Retirement” as “D High School Retirement” at the time of the second grade of D High School, and stated the period of education at the time of publication of the educational background. However, around May 21, 2018, the Defendant posted “D High School Education” only on the educational background column of D High School’s web page for public relations of election, and sent the introduced data (data on the change of the appearance) stating only “Education at D High School Education” in the educational background column to two reporters by e-mail.

As a result, the Defendant published false facts about C’s academic achievement for the purpose of getting C to be elected to the B market in the 7th nationwide local election.

(b) A person who publishes or makes another person publish false information about the place of birth, family relation, status, occupation, career, property, act, organization to which he belongs, support from a specific person or specific organization of a candidate, etc. (in case where he inserts academic background, including the case where he is not published by the method as provided in Article 64 (1))) in favor of a candidate (including a person who wishes to be a candidate; hereinafter, the same shall apply in this Article) 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 in accordance with Article 250 (1) of the Public Official Election Act, or who possesses for the purpose of distributing a propaganda document carrying false facts, shall be punished by imprisonment for not more than five years or by a fine not exceeding

The campaign posters used for the election campaign under Article 64 (1) of the Public Official Election Act shall be subject to Article 150 of the photograph (referring to the photograph of the candidate only), name and mark of the candidate.

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