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(영문) 대구지방법원 상주지원 2018.11.29 2018고합34

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 slander a candidate by openly pointing out facts through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of getting elected or getting another person elected.

Nevertheless, the defendant, at the D D D D D D's office around June 10, 2018, was distributed to the defendant's cell phone, in violation of the Public Official Election Act (No. 2381 of the resident branch office 2018) of F candidate E in the U.S., E in the U.S. (No. 2018 type No. 2381 of the resident branch office) on June 8, 2018.

I would like to look at how H would be the candidate who is suspected of such crime if G.

There are many informations that spread money and valuables without the election day.

Accordingly, the Election Management Committee is operating an illegal election monitoring team in each candidate side as well as the Election Management Committee.

Not only those who have provided money or valuables but also those who have received money or valuables are subject to punishment, and therefore, they need separate attention.

The phrase “ ...........”

As a result, the Defendant slandered candidates by openly pointing out facts with the aim of preventing them from winning the G candidate F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I and J respective police statements;

1. A written accusation;

1. Each investigation report (the sequence 7, 10, 11, 15, 18 of the evidence list);

1. A copy of response data requested to provide communications data, a copy of a letter of transfer of case, and a copy of opinions;

1. Application of the statutes on seizure records and the list of seizure lists;

1. Article 251 of the relevant Act concerning criminal facts, Article 251 of the Act on the Election of Public Officials and Selection of Fines;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won;

2. The application of the sentencing guidelines [type determination] where the other party is a small number of persons or less of propagation, where the first type (a person with a special increase in the number of candidates) (a person with a special increase in the number of candidates) (a person with a special reduction in the number of candidates) of the election day is published false facts or slanders candidates.