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(영문) 창원지방법원 통영지원 2012.08.16 2012고합91

공직선거법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a volunteer who was a preliminary candidate in the 19th election district in April 11, 2012 for B, who was a preliminary candidate in the election district in the 19th election district.

No person who intends to be a candidate or candidate shall defame him/her by openly pointing out facts through a speech, broadcast, newspaper, communications, magazine, poster, propaganda document, or other means, with the intention of preventing him/her from being elected or elected.

Nevertheless, on January 4, 2012, at the defendant's office located at the 19th National Assembly member election campaign, the defendant reported articles related to D related to the preliminary candidate who declared a horse in the election district in the 19th National Assembly member election campaign at the 19th National Assembly member, and reported that it is inappropriate for the above D to enter the public office, and on its twitter, the defendant posted a notice stating "the name of the countermeasures against the D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .. .. .. .. .

Accordingly, the Defendant, for the purpose of preventing the winning of the election, defamed the persons who want to become candidates by publicly expressing the fact that the past Msan-based civic groups opposed to the withdrawal of the above D.

Summary of Evidence

1. Partial statement of the defendant;

1. Details of a notice posted by the defendant and a notice on the linked address;

1. On-site inspection report;

1. Results of the B Twitter verification;

1. Application of investigation reports (examination of suspect's Twitter posts) Acts and subordinate statutes;

1. Relevant Article 251 of the Public Official Election Act and Article 251 of the Election Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is “inception into the waste disposal system dumped in Musan.”