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(영문) 서울남부지방법원 2017.12.21 2017고합293
공직선거법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

On November 21, 2016, the Defendant had been sentenced to a suspended sentence of two years on July 12, 2017 by imprisonment with prison labor for a violation of the Public Official Election Act in the Seoul Western District Court on November 21, 2016.

Punishment of the crime

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

No one shall install, display, display, or distribute any wreath, balloon, signboard, placard, advertising balloon, apparatus or advertising tower, other advertising materials or facilities, except for those prescribed by the Public Official Election Act, in order to have an influence on the election from 180 days before the election day to the election day, and expressing the name of a political party or candidate's name or photograph, or any content by which the name or name can be inferred, shall be deemed to have an influence on the election.

Nevertheless, the Defendant, from May 5, 2017 to May 19:20, from around 17:20 to around 19:30 of the same day, was in front of the building of the D candidate election campaign located in Yeongdeungpo-gu Seoul Metropolitan Government, and “The Defendant, as the principal of the Blub Violence ( August 2014), was the aiding and abetting offender.

In the event of a luminous square, the family members of the family in the Sewol ferry were the one who committed violence against Cheong-gu.

In addition, D installed and posted one banner (5 x 1 m) stating "an aiding and abetting offender who is a crime of aiding and abetting the public authority of the E member of the E member of the Republic of Korea.

However, the defendant's assertion of facts is merely based on the defendant's vague reasoning without any ground, and contrary to the defendant's assertion, there was no objection that the above D candidate was related to E members or aiding and abetting this in relation to E members.

Accordingly, the defendant posts a banner for the purpose of preventing the success of the candidate D for the 19th presidential election.

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