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(영문) 서울북부지방법원 2014.08.29 2014고합186
공직선거법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. No public official who commits an offense on July 18, 2012 shall promote the achievements of a specific political party or a candidate (including a person who intends to become a candidate) toward his/her employees or electorates, regardless of the pretext of education or whatever;

Defendant

A is a public official of Grade VI in local extraordinary civil service in the E-gu Office, and Defendant B is a public official of Grade VIII in local extraordinary civil service in the E-Gu Office, and the Defendants were the public official of Grade VIII in the E-Gu Office. On July 19, 2012, the crepane F of the E-Gu promoted that the E-Gu Office F holds a publication commemorative meeting in the E-Gu Office located in Seoul Metropolitan City on July 19, 2012 and thought to raise his awareness.

On July 18, 2012, the Defendants visited Defendant B’s Ppuri to Defendant B’s “Pio”, which is a site for mass transmission using computers, at the E-gu Office’s office located in Seoul, on July 18, 2012, and then sent text messages stating “I” as “the head of the Gu office, who has been in charge of the head of the Gu office for two years, included the policies first tested in the country like J business. I wish to see that it would change the world, even if you want to do so. At the E-Gu Community Center, I have a publication commemorative meeting at 7,000,000 electors, including the E-Gu Office, from among those who have been in charge of the head office office for two years.” At the same time, the Defendants sent text messages stating “I have a lot of interest and participation request.”

As a result, the Defendants conspired, despite being a public official, promoted the achievements of E head of the Gu to the electorate.

2. Any person who commits the crime as of February 10, 2014 includes contents supporting, recommending or opposing a political party or candidate (including a person who intends to become a candidate) with the aim of influencing the election from 180 days before the election day to the election day, or such advertisement, personnel management books, posters, pictures, documents, pictures, pictures, printed materials or audio or video tapes which indicate the name of a political party or candidate, or which indicate the name of a political party or candidate.

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