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(영문) 광주지방법원 2016.10.21 2016고합322
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the publisher and reporter of online newspaper C who is an online newspaper company.

1. No person who violates the Public Official Election Act due to the publication of false information shall publish false information about a candidate, his/her spouse, lineal ascendant or descendant, or sibling, in a manner unfavorable to the candidate through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of preventing him/

On April 7, 2016, at around 10:32, the Defendant, at the Defendant’s residence located in Gwangju D, 101 Dong 1404, prepared and posted an article stating that “E” was in the column of “political plate c” of the above Internet site C, and “E” was in the presidential candidate and the jury line at the seat of the F Party c, and the Defendant raised an objection, but the Defendant was present at the highest meeting to intervene in the competition issues included in him/her, in terms of democratic legitimacy and procedures.”

However, in the election of the 20th National Assembly member, the F Party I candidate, who was going to Gwangju H in the election of the 20th National Assembly member, did not participate in the discussion of the case of raising a formal objection to the jury group of Gwangju H by the F Party Preliminary Committee, and did not participate in the decision-making on the issue of the competition in the above election district by the F Party Preliminary Committee.

Accordingly, the defendant published false facts about the above I candidates with the aim of preventing the above I candidates from being elected.

2. No person who violates the Public Official Election Act due to the publication of false facts and the distribution of documents in accordance with the unlawful methods shall publish false facts concerning a candidate, his/her spouse, lineal ascendant or descendant, or sibling, in a manner unfavorable to the 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, and in order to influence the election from 180 days before the election day to the election day, it shall

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