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(영문) 대구지방법원 영덕지원 2014.09.25 2014고합29

공직선거법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant shall be a public official of Grade VII in charge of surveillance of forest fires, management of sea base, public service, and personal affairs, belonging to the Seoul Office of Ulsan-gun Office.

No public official as prescribed in Article 2 of the Local Public Officials Act shall engage in any election campaign.

The Defendant, which was scheduled on June 2, 2014, had to be carried out on June 2, 2014, had a victim E, who was registered as a preliminary candidate for the election of the members of the Seoul Gun Council who was registered as a candidate for the D constituency in the 6th nationwide local election, from being elected. On May 3, 2014, at around 17:33, the Defendant, using a computer installed at the Defendant’s house located in the Defendant’s house located in the F of the Chungcheongnam-gun-gun, Chungcheongnam-gun,

2. 위 자유게시판에 게재된 “G”(글번호 ‘H’, 작성자 ‘I’)이라는 제목의 글의 댓글란에 ‘J’라는 작성자명으로 “선거판이 어떻게 돌아가는지 ㅎㅎㅎ B란 놈은 글마네 평해 만능모사꾼 사기꾼 마약에다 노름 뒷돈에다 남의 집 부녀자 따목고 가정파괴 어찌하여 이런 사람이 군의원 나온다나. ㅎㅎㅎ 지난번 선거에 떨어지니 뿌렸던 돈을 회수하는 사람인데 요번에 또 떨어지면 회수 할 인간 이니깐, 유권자님요 정신차리소 잘못 먹었다 하면 선거법에 50배 바가지 쓰는 것 알지요 영창가니더 ”라는 내용으로 댓글을 작성, 게재하였다.

As a result, the defendant slandered the victim who is a preliminary candidate for the election of the Ulsan-gun Council member by openly pointing out facts, and at the same time, damaged the honor of the person by pointing out false facts and carried out an election campaign

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of each Act and subordinate statute of the investigation report (in relation to the investigation into the details of command by the prosecutor), the investigation report (in relation to the investigation into the contents of command by the prosecutor), and the copy of the certificate of employment;

1. Article 255(1)2 and Article 60 of the Public Official Election Act for criminal facts