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(영문) 부산지방법원 2012.12.07 2012고합890
공직선거법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 2, 2012, the Defendant: (a) heard in Seoul, on April 2, 2012, the 19th National Assembly member election, which was implemented on April 11, 2012, the Defendant: (b) sought to gather and inform the data on illegal election campaign by the head of the Fom-gu to be unfavorable to the candidate; and (c) sought to inform the candidate of the illegal election campaign in the name of the head of the Fom-gu in the name of the Fom-gu in Seoul, and (d) sought to inform him of the fact that the event of omission of the report on the property of the D candidate’s two houses was reported, and that a fake election campaign text is made in the name of the head of the Fom-gu in order to make it disadvantageous to the candidate; and (d) sought to inform him of the false election campaign in the name of the head of the Fom-gu in the name of the F

At around 01:03 on April 8, 2012, the Defendant: (a) made a fake text message in the name of the head of the Fomanal Gu under his/her jurisdiction, using his/her mobile phone, using his/her own mobile phone, and sent it to him/her; (b) sent a fake text message screen to the person in charge of the election of the candidate D candidate at around 01:15 on the same day; and (c) sent a fake text message screen to K by the above J and D candidate’s volunteer, without knowing that he/she was a fake text message, so that the above fake text message was sent to M et al. of the online newspaper “L”; (d) from around 11:52 on the same day, the Defendant made the aforementioned fake text message to be an election campaign that is a public official of the Republic of Korea, including L/N online newspapers “L” and “N”, and made the aforementioned fake text message to the effect that it was unlawful as the content of the report.

As a result, the defendant is false that F, who is the head of the local constituency, has carried out illegal election campaigns for G candidates with the aim of preventing candidates from being elected in the election of the 19th National Assembly member.

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