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(영문) 광주지방법원 2018.12.07 2018고합462

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

The defendant is a member of the party in Gwangju City, and D is a candidate for a political party in a special election for National Assembly members in the E election district implemented on June 13, 2018.

No person shall publish any false fact with respect to 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 any other means, with the intention of preventing him/her from being elected.

Nevertheless, around April 25, 2018, the Defendant visited the Defendant’s Facebook in the Defendant’s residence located in Seo-gu, Seo-gu, 106 Dong 1806, and left H by way of “G” as the title of “G”.

It is necessary to protect the three-class conscience of which it threatens to go to the J Party on the face of one's own Gong100,000, disregards the present standards of Gong100.

(Ma) The author written and posted a letter "as soon as possible."

However, in fact, Seoul, which is the seat of I school, does not belong to the jurisdiction of "E District", which is the constituency of D, and the time when I transferred part of I school to the seat of I school was published was around 2012. D did not have been involved in the transfer of D, such as first going to the Seoul E constituency in the General Line in 2016, before I school's address. However, D would be a legitimate party unless it is known in relation to the special election for National Assembly members of the E constituency implemented on June 13, 2018.

There was no speech or intimidation.

As a result, the Defendant published false facts about D with a view to preventing D candidates from being elected.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A notice on Pest North Korea;

1. Statement by the police concerning L;

1. Each investigation report (Nos. 9, 11, 11 and 2.(i) shall be attached respectively;