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(영문) 부산고등법원(창원) 2019.04.03 2018수13
2018.6.13.지방선거사천시장선거무효
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In the B market election conducted on the A date of basic facts (hereinafter “instant election”), the candidate for D Party E was entitled to 31,634 votes, the Plaintiff, who was a F Party E, 28,301 votes, and G candidate 3,711 votes, and the candidate was decided as the elected person after having obtained more than 3,333 votes than the Plaintiff, the first E candidate was first elected.

[Ground for Recognition: Facts without dispute, evidence No. 4, purport of whole pleadings]

2. The plaintiff asserts that the election of this case is null and void for the following reasons. A.

1) Illegal election campaign for the candidate E in the election of the candidate for the B market election, which was held on the H date, E committed the crimes of Articles 250 (Publication of False Facts) and 251 (Crime of Slandering Candidates) of the Public Official Election Act, such as the following: “(B) during the process of the B market candidate for the election of the B market candidate for the first debate (I) where the former government had changed the political power and delayed;(C candidate has instigated citizens) "(C candidate)"; and (d) it is fit for the Republic of Korea to the effect that he is fit; and (e) it has committed the crimes of Articles 250 (Publication of False Facts) and 251 (Crime of Slandering Candidates) of the Public Official Election Act.

6. In violation of Article 106 (Restriction on House-to-House Visits) of the Public Official Election Act, K Center and B were committed under Article 255 (Unlawful Election Campaign) (1) 17 of the same Act by visiting a door-to-door and making a lake and marsh for employees.

3) E, while carrying out the “L” conference from J date B, made a false statement to the effect that MU already was “to attract MU to B” with respect to the inducement of Busan, and committed a crime under Article 250 (Publication of False Facts) of the Public Official Election Act by publicly announcing false facts to the effect that “MU will attract MU to B.” (Crime of Publication of False Facts) E, at the press conference of the NNB center, made a crime under Article 250 (Crime of Publication of False Facts) of the Public Official Election Act by publicly announcing false facts to the same effect as that of Article 250 (Crime of Publication of False Facts) of the Public Official Election Act (Crime of Publication) at B.

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