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(영문) 대구지방법원 서부지원 2016.09.29 2016고합101

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall publish false facts about a candidate, etc. to be disadvantageous to the candidate (including a person who intends to become a candidate) by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of preventing him/her from being elected.

그럼에도 불구하고, 피고인은 사실은 D 의원이 공천 관련 부정이 없음에도 불구하고, 당선되지 못하게 할 목적으로, 2016. 2. 14. 13:52 경 네이버 밴드 “ 경상도 싸 나이!! E” 게시판에 ‘F’ 라는 닉네임으로, “G 국회의원은 E으로 우리 모두가 도와야 합니다.

-not only one point in the public opinion poll, but also one point in his own entry;

I would like to question whether the Gu's original official ceiling is a fair official ceiling or D's thickness.

- approximates - The strongest rights E shall be combined with each other.

The 20th National Assembly member election was published in a false manner to be disadvantageous to Daegu Candidates D, with respect to the competition in the 20th National Assembly member election.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. Investigation report (related to the time of posting a notice on this case and the time of deletion, the number of visitors, etc.), and revolving new data (I Daegu City/Do Party of I political party);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 250 (3) and (2) of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although it was true that the Defendant posted the facts identical to the facts charged on the Round bulletin board, the Defendant did not have the intention to prevent the winning candidate D from winning the election, ② the Defendant was unaware of false facts, and ③ the fact that the Defendant posted is false.