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(영문) 대구지방법원 포항지원 2016.10.24 2016고합76
공직선거법위반
Text

Defendant

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

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B was a person who was an election-related person registered as a person in charge of accounting of H, who was a preliminary candidate for the F party in the 20th National Assembly election district, and the Defendant A was a representative, who was a preliminary candidate for the 20th National Assembly member G party in the G Party in the 20th National Assembly election.

1. No person who publishes false information in Defendant B shall publish false information about the place of birth, family relation, status, occupation, career, property, act, activity, organization to which he/she belongs, support from a specific person or specific organization, etc. of a candidate, his/her spouse, lineal ascendant or descendant, or sibling favorable to the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of getting elected or getting elected

Nevertheless, the Defendant posted each item of “M” stating that “The Working-Level Chairperson of the Korean Senior Civil Service, who belongs to the President, sent 4 years or more and is ordered to the Senior Civil Service Corps,” on the Internet Potbook and the Rober Roster bulletin board around January 9, 2016, although the class of the Chairperson of the K Committee, who was issued by H, was not the Vice Minister or Vice Minister of the Korean Senior Civil Service, was not the same.

As a result, the Defendant published false facts about the career of the candidate through newspapers or other means in relation to the intraparty competition.

2. The defendants' reasons why the defendants are not candidates

(a) No person who intends to be a candidate (including a person who intends to be a candidate), his/her spouse, lineal ascendant or descendant, or sibling shall defame a candidate (including a person who intends to be a candidate) by openly pointing out facts through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of getting elected or preventing another person from being elected;

Nevertheless, the defendant is a candidate for the 20th National Assembly member distribution port F.

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