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(영문) 제주지방법원 2017.01.12 2016고합117
공직선거법위반
Text

Defendant

A Imprisonment with prison labor for eight months, and for one year, each of the defendants B.

However, this judgment is delivered to the defendant A.

Reasons

Punishment of the crime

Defendant

A as the standing chairperson of G Party H (hereinafter “G Party H”), a person who was in charge of the 20th National Assembly member election campaign of G Party H as the standing chairperson of the “I” (hereinafter “the above election campaign”), and Defendant B, as the secretary general of G Party H’s office and the above general secretary general of the above election campaign, took overall charge of the election campaign, such as the composition of the above election campaign of G Party H, support for candidate pay taxes, election campaign planning, information collection on other party candidates and political parties, and response to press.

No person shall announce or publicly announce 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.

1. On March 5, 2016, on the crime of publishing false information on April 5, 2016, K, a candidate for the 20th National Assembly member election commission of the 20th National Assembly member election commission, omitted the report of property, illegally increased property at the time of the public official’s employment, and reported it to the local press. On April 2, 2016, the L Election Commission publicly announced that the report of property reported by the said K was false, resulting in the unfavorable situation of G political parties in relation to the election of the said constituency, the Defendants sought a scheme to dismiss the report.

At the G political party H office located in M on April 5, 2016, the Defendants presented to the effect that the Defendants raised suspicions against the property of the 20th National Assembly member election commission (N party candidate in the J constituency) under the name of the above election measure. Defendant A examined the O’s property report, and Defendant A had only only an apartment for the last ten years.

As the alleged contents are different from facts, the Defendant B instructed the purport that the comment is “hing.”

Accordingly, Defendant B is a representative of the above election countermeasures.

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