logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2017.01.13 2016고합182
공직선거법위반
Text

The Defendants are not guilty. The summary of each acquittal judgment against the Defendants is publicly announced.

Reasons

1. Defendant B is the director general of the editing bureau of the “E” newspaper in the region at D, and Defendant A is the seat of Defendant B.

Defendant

B published 12 on April 8, 2016, “E” newspaper No. 12, and around April 6, 2016, around April 6, 2016, the Chairperson of the 20th National Assembly candidate I candidate for the election of National Assembly member G political party H in the election of the National Assembly member of the 20th National Assembly was present at the mountain conference festivals located in D, and donated money and valuables. On April 11, 2016, the said article was written by the election news deliberation committee as if the candidate was accused at the prosecutor’s office, and thus, it is likely that the right holder might have an impact on the publication of a corrective report.

Except as provided for in the Election of Public Officials Act, no one shall distribute, spread, post, or affix a newspaper, communication, magazine, or the organ of an institution, organization, or facility, or any other publication, which carries an article about an election, in a way other than normal.

Nevertheless, on April 13, 2016, at around 00:25, the Defendants conspired to sell 307 J apartment units on the first floor, and Defendant B asked Defendant A to distribute 12 'E' newspapers published in J apartment units where articles subject to an order to publish a corrective report are posted, and Defendant A distributed 13 copies of the above newspaper at the entrance and stairs of the first floor of the apartment unit.

As a result, the Defendants conspired to distribute the newspaper posted an article about the election in a way other than a normal way.

2. Determination

A. Article 95(1) of the Act on the Election of Public Officials of the relevant legal doctrine provides that “No person may distribute or reproduce and distribute any newspaper, communication, magazine, organ of an institution, organization, or facility, or other publication that carries an article about the election, except as provided by this Act.”

Section 2 of the same Article provides that "the ordinary method shall be defined in paragraph 1."

arrow