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(영문) 광주지방법원 목포지원 2017.11.09 2017고합93

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

The defendant is the chairperson of the digital communication network (SNS) in the 19th presidential election. The defendant has carried out an election campaign for the candidate of C Party D in the 19th presidential election.

No person shall, with the intention of prohibiting an election, publish false facts concerning a candidate, his/her spouse, lineal ascendant or descendant, or sibling disadvantageous to the candidate by means of a speech, broadcast, newspaper, communication, poster, propaganda document, or other means.

On April 26, 2017, the Defendant gradually decreased the support rate of the D candidate that he supports, and, in order to prevent the election of the E candidate with the highest support rate, expressed a false writing that he obtained from the same party member with knowledge of the fact that the E candidate was not carried out in the voting of the people outside Korea implemented in the United States LA with the aim of preventing the election of the candidate from being elected.

On April 26, 2017, the Defendant posted the Defendant’s house located in the F apartment A, F apartment A, 1002, at the Defendant’s home, using a cell phone, a false letter, “D 53, E 12, G 10, H 10, H 3, and I0,” in the Defendant’s Facebook North Korea, using a cell phone, to allow a large number of unspecified people, including 4,619.

As a result, the defendant published false facts about the E candidate in a way of communication so that he could not be elected in connection with the 19th presidential election.

Summary of Evidence

1. Statement by the defendant in court;

1. Each letter of answer to J and K;

1. A written accusation;

1. A criminal investigation report (the 'E details' and ‘data subject to public opinion poll' during the crime day;

1. A report on the results of analysis of digital evidence;

1. Investigation data (22 pages of investigation records);

1. Schedule of the 19th presidential election, list of candidates, and result of the 19th presidential election;

1. A copy of the posting on Pest, the details of Pest North Korea, a copy of the Kakao Stockholm dialogue content, a printed content of the Kakao Stockholm dialogue, a monetary record (91 pages of investigation records), and a message 1.