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(영문) 창원지방법원마산지원 2020.11.20 2020고합71
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a volunteer of the E candidate belonging to the 21st National Assembly member election that was implemented on April 15, 2020 to the 21st National Assembly member election that was made on April 15, 2020.

No person shall publish any false information about a candidate, his/her spouse, lineal ascendant or descendant, or sibling, in a manner unfavorable to the candidate through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of preventing him/her from being elected.

Nevertheless, the Defendant, by disseminating negative information about the spouse of the G candidate who belongs to the F Party, a candidate for the E candidate, had the intent to help the E candidate elected and prevented the G candidate from being elected. On April 13, 2020, the Defendant, using the cell phone (number: J) at the “I” office located in the Changwon-si, Changwon-si, Seoul Special Metropolitan City on April 13, 2020, sent a text message to the 144 electors, stating, “The Defendant’s wife of the F Party candidate shall not be allowed once a separate collection of the G apartment and shall be different from her husband only once an election is held.”

However, in fact, since "K Apartment" in which the G candidate and his/her spouse reside was established at all times in the second half of the year of 2015, it is possible for female members of the above apartment complex to separately dispose of wastes at any time since the regular separate collection place was established, and thus, the above apartment female members did not take charge of the removal of wastes, and the spouse of the above G candidate was not members of the above apartment complex.

Nevertheless, the defendant, who was disadvantageous to the candidate in G, is in charge of the separate collection of garbage at the above apartment association, and the spouse of the candidate in G, as a member of the above apartment association, has a duty to participate in the separate collection as a member of the Women's Association, but a text message was prepared and transmitted as if it were due

Accordingly, the defendant is a communication method for the purpose of preventing the election.

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