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(영문) 대전지방법원 2016.07.14 2016고합158
공직선거법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A was the head of the E Traditional Market Association and the president of the F Traditional Market Merchant, and Defendant B was a volunteer who conducts an election campaign for the H candidate at an election campaign office of the H candidate who participated in the 20th E National Assembly member election as a candidate for a political party member in the G Party election.

1. Defendant A

(a) No person shall publicly announce or have another person publicly announce or announce any false fact about whether a candidate, his/her spouse, lineal ascendant or descendant, or his/her family relation status, occupation and career, etc. are supported by a candidate (including a person who intends to be a candidate) in favor of the candidate (including a person who intends to be a candidate) by means of a speech, broadcast, communication, newspaper, communication, poster, propaganda document, or other means with the intention of getting elected

On January 31, 2016, in relation to the election of National Assembly members of the 20th E E, the Defendant accepted the request from B for the resolution of the support declaration of the candidates for the G political party at the time of the H in the name of the E Traditional Market Association.

The Defendant demanded the Chairperson of the Four Traditional Markets Association (F Merchant Association, I Merchant Association, J Traditional Market Merchant Association, K Traditional Market Merchant Association, and K Traditional Market Merchant Association) which constitutes the E Traditional Markets Association to participate in the support declaration. However, they did not refuse to participate in the support declaration or consent, and they did not follow the procedures for decision-making, such as the general meeting of executives, to determine whether to grant or not the support declaration.

Nevertheless, on February 2, 2016, at the office of the F Traditional Market Merchant Association located in F Traditional Markets around 14:00, the Defendant discussed B B with the words of the advice that he had knowledge of the fact, and stated that “the name of the Defendant, who is the president of the E Traditional Markets and the president of F Traditional Markets, and the name and members of the I Traditional Market Chairperson L, and the J Traditional Market Chairperson M,” is included in the name of the sponsor.

B subject to such order, “E.” immediately.

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