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(영문) 창원지방법원 거창지원 2016.10.31 2016고합33
공직선거법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant’s DNA newspapers issued by the Defendant as the representative of G, Inc., Ltd. in Gyeongnam-nam, do not specify the number and frequency of publication as the weekly relics, but has been published more than once a month from March 2015 to November 2015 and not more than 5,000 copies per month.

Except as provided for in the Public Official Election Act, no one shall distribute any newspaper, communication, magazine, organ of any institution, organization or facilities, or other publications, which carried an article related to the election, in a way other than normal, or reproduce and distribute such article.

Nevertheless, the Defendant, as an applicant for the 20th election of the 20th National Assembly member, went out of the EFGH election as a preliminary candidate for the EFGH election. At the time of election, the Defendant thought that at the time of election, at the time of election, the Defendant had expressed that “I conducted one in a public opinion poll, and that I’s photograph was printed more than J’s photograph that is another preliminary candidate, and that I would be favorable to I by rapidly increasing the number and frequency of publication of the D newspaper published.”

After that, from December 2015, the Defendant began to publish D newspapers one or more times a week from around December 2015. Since January 13, 2016, the number of publication was rapidly increased by more than twice a week. The number of publication copies also began to be 5,000 copies for the first week, 6,000 copies for the second week, 8,000 copies for the third week, 12,000 copies for the fourth week, and 12,000 copies for the fourth week.

In addition, since early February 2016, the number of newspapers was significantly increased compared to the previous month, and during the same month, on the first page, the article to the effect that "I, as a result of the public opinion polls, is about 17-25% prior to J," was published on one page, and HFE was published 3 times a week, 10,000 copies per week on the last week of February 2016, where HFE was almost conclusive to be integrated into GFE constituency.

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