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(영문) 의정부지방법원 2016.09.21 2016고합303
공직선거법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall publish any false fact about the place of birth, family relation, status, occupation, career, etc. of a candidate, property, act or organization to which he/she belongs, or support from a specific person or specific organization, or publish any false fact about a candidate, his/her spouse, lineal ascendant or descendant, or sibling to be unfavorable to a candidate (including a person who intends to be a candidate; hereinafter the same shall apply) by means of a campaign speech, broadcast, newspaper, communication, magazine, poster, propaganda document, propaganda document, or any other means, with the intention of getting elected or getting elected, or against a candidate, his/her spouse, lineal ascendant or descendant, or sibling, by openly pointing out a fact for the purpose of getting him/her elected, with the intention of getting him/her elected, or against a candidate, his/her lineal ascendant or descendant, or sibling, or sibling.

Nevertheless, the Defendant, as a party member of the C Party, was engaged in a usual appraisal of F that is scheduled to go out to the E party candidate in the 20th National Assembly election, with the intention to attract F, and to publish false facts or slander F using the Internet such as SNS in order to make G that is scheduled to go out to the C party candidate in the same region.

On August 1, 2015, the Defendant posted a letter stating “20 major election outlook” on his page (SNSs Day) account at around 1, 2015, under the title “C Party G candidate and E Party F candidate 20 middle grouped, extreme loak, and F, via H regime’s early secretary for temporary secretary.”

However, in fact, F served as the Chief Director of the Public Relations Office I and the Chief Director of the Government Affairs from March 15, 2003 to December 30 of the same year and served for about nine months or more as the Chief Director of the Government Affairs, but the defendant stated false facts about F's career as F was a temporary secretary.

The Defendant is identical to this.

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