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(영문) 전주지방법원 군산지원 2014.12.05 2014고합184
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall announce or have another person announce or announce any false fact in a manner unfavorable to the candidate, such as a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, etc., with the intention of prohibiting the election from being elected.

Nevertheless, at around 11:00 on June 3, 2014, the Defendant, as a candidate for CD market, referred to as “G candidate who was the counter candidate before holding a briefing session in the F viewer conference room located in E,” and “G candidate stated in the election campaign bulletin that all up to two persons, including the family register, father, and father of G candidate who was the fourth body for D and H, were the Army officer in March 2014.” However, G candidate was exempted from military service, who was consistently exempted from military service and the election campaign officer’s accusation was consistently examined and submitted to C candidate’s election campaign bulletin.”

However, in fact, the candidate for GD market did not have been required to vindicate the election campaign bulletin due to the entry of military service-related matters, and there was no fact that the election commission did not respond to the request for vindication by the election commission.

As a result, the defendant had the candidate for the GD market published false facts with the intention of preventing the candidate from being elected by the election commission because there is a problem related to military service.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of the prosecution against J, A, or K;

1. A protocol of suspect examination of the police officer regarding I;

1. Responses to requests for cooperation with investigation;

1. Application of Acts and subordinate statutes to reporters' visits;

1. Relevant Article 250 (2) of the Public Official Election Act and Article 250 (2) of the Election Act concerning criminal facts;

1. The Criminal Act for the detention of a workhouse;

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