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(영문) 의정부지방법원 고양지원 2018.12.18 2018고합262
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

An organization falling under the same group, such as a native folks society, relatives' society, alumni association, alpine society, etc. (including its representative and members), shall not carry out an election campaign in the name of such organization or under the name of its representative, and shall not publish false facts about whether a candidate supports from a specific person or specific organization of the candidate in favor of the candidate (including a person who intends to become a candidate) by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, etc. for the purpose of getting elected or making another person be elected.

Nevertheless, the Defendant, as the chief vice-chairperson of the CY Association, was working as “D,” “E,” and “F,” each group leader interest of the head of the stable club in the area C. On April 2018, 2018, the Defendant decided that the Defendant would contribute to the development of the C community sports axis upon the election of a candidate H of a political party in the 7th simultaneous local election c market at the same time, and that the Defendant would have contributed to the development of the C community sports axis in the name of the C regional sports club, and had the H report the support declaration for the prospective candidate in the name of the C regional sports club.

In fact, the Defendant has confirmed his opinion on the support of preliminary candidate H by each officer or member of the 19 stable club (I, J, K, L, L, F, D, M, M, P, P, Q, Q, Q, Q, S, T, U,V, W, and X) located in C, and there was no resolution to make a formal support declaration for preliminary candidate H according to the internal regulations or procedures of each club. In particular, there was no internal discussion on the support declaration for preliminary candidate H under each group of the 11 club (J, K, D, M (any organization already disorganizedd on March 3, 2018), O, E, R, U,V, and W).

Nevertheless, on April 22, 2018, the Defendant secured an organization photo of the same club as above, and as well as materials and pictures such as press reports containing the past similar contents, the Defendant is a preliminary candidate H.

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