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(영문) 창원지방법원 거창지원 2016.12.29 2016고합29
공직선거법위반등
Text

Defendant

Imprisonment with prison labor for A and fines of KRW 2,000,000, and imprisonment with prison labor for Defendant B shall be six months.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant violated the Public Official Election Act, as a preliminary candidate for the 20th National Assembly member election, thought that he would aid the election of G by threatening H, a preliminary candidate in competition with G, thereby hindering free election campaigns.

According to the Defendant’s statement in the first 22:00 on February 2016, 2016, the Defendant: (a) stated the investigation report (revision of the place of criminal investigation) at around 22:00, and the second police’s statement about H, it is recognized that the place of crime was not “Seoul K” as stated in the indictment; and (b) the change in the place of crime does not put any substantial disadvantage to the Defendant’s defense; and (c) therefore, the Defendant would change the place of crime to “Seoul I” ex officio without changing the indictment

At the J’s office, the J sent H as the above office through the J, and thereafter, H had the same attitude of disclosing the recording records in which the contents of H are recorded to H, with the purport that “it would be done in the election campaign because there is anything else, and there is a few recording records related to the identification of the party. It is necessary to think how it will be done, and how it would be done, and how it would be done, or what kind of forms it would be.”

Accordingly, the defendant threatened H as a candidate for the 20th election of National Assembly members.

B. The Defendant, as the representative of L’s “stock company,” took up an unfair report in relation to the 20th National Assembly election of the 20th National Assembly member, and posted an article to raise doubt against the victim on the advertisement page of a local newspaper company, thereby harming the victim.

From March 8, 2016 to March 10, 2016, the Defendant “L” as the title “ Qu” in the advertisement column of P, etc. for the purpose of slandering the victims from the Gannam M&, NN, and O group. The 19th National Assembly member.

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