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(영문) 대구지방법원 서부지원 2018.11.29 2018고합188
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant was elected on June 13, 2018 by withdrawing the C Council member as a candidate D in the election of the C Council member at the 7th simultaneous local elections.

On September 1, 2017, the Defendant was appointed as the “Chairperson of the Council for Advisory Council” and the E Advisory Council is divided into a standing committee, a central organization, and a regional council, a local organization. The Defendant was a former member of the regional council, a regional organization, to which the regional council belongs.

1. No person who violates the Public Official Election Act due to the distribution of a false career-based election campaign bulletin shall publish or announce false facts about the place of birth, status, occupation, career, property, personality, act, organization to which he/she belongs, etc. in favor of a candidate (including a person intending to become a candidate) by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, or carry them for the purpose of distributing a false fact in favor of the candidate;

Nevertheless, on May 18, 2018, the Defendant produced the election campaign bulletin in the form of a book for the election of the council members of the J political party under H 204 through the company "I" in H 204, the Defendant posted a false career of "the chairperson of the E Advisory Council G" as if the Defendant had worked as "the chairperson of the E Advisory Council G council" in the Central Office G management Committee, and had the Election Management Committee send 85,537 copies of the election campaign bulletin containing false career as above to the residents of the constituency.

Accordingly, for the purpose of election, the Defendant published false facts by distributing election campaign bulletins in which false facts about his career are posted.

2. Any person who violates the Public Official Election Act by distributing a name tag for an election campaign in which false career is posted, shall be a candidate (a person who intends to be a candidate) by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means with the intention of being elected or having another person be elected

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