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(영문) 부산지방법원 2018.12.21 2018고합413
공직선거법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 13, 2018, the Defendant was a person who served as the 6th B head of the Gu, and was present as a candidate for the B head of the Gu under C political party at the 7th simultaneous local elections on June 13, 2018, but D registered as a candidate for the B head of the Gu under E political party from the 7th simultaneous local elections on March 30, 2018, but the Defendant resigned on April 6, 2018, upon the Defendant’s accusation of the 5th head of the Gu, was sentenced to a fine of KRW 3 million due to the violation of the Public Official Election Act and was invalidated for election.

No person shall publish false facts with respect to a candidate (including a person who intends to become a candidate) or his/her spouse, lineal ascendant or descendant, or sibling, in a manner unfavorable to a candidate (including 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 preventing him/her from being elected.

On March 13, 2018, at G cafeteria located in F around 12:00, the Defendant was seated at the place where 11 persons, such as members of the Federation of Merchants B and public officials of the Gu Office B, etc. share the same at the G cafeteria located in F.

H While dialogueing the candidates of the head of B head of the Gu with regard to the regular I of the H market prosperity and the local election, I "D denies and divorced, and young Director-General of the Gu Sports Association B is living together with the head of the Gu.

“.....”

However, there was no fact that D had been divorced from the denial or had been living together with the young director-general.

As a result, the defendant published false facts about his spouse and damaged the reputation by openly pointing out false facts, so that D who want to become a candidate of the head of the Gu would not be elected in the 7th local election.

Summary of Evidence

1. A witness I and D's legal statement;

1. The suspect examination protocol against the accused is in the process of interrogation of the suspect;

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