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(영문) 전주지방법원 남원지원 2018.10.11 2018고합30

공직선거법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall announce or publicly announce 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.

On June 13, 2018, the Defendant’s purpose is to prevent E, who was sent to the candidate of a D political party in the C market election for simultaneous local elections at the same time on June 7, 2018, from being elected. The fact is that E, despite the high-speed of E, is not a ever room, the Defendant “E market is a substitute for Do Governor” in his SNS around May 6, 2018.

The Monomen F Manomen have been born with young people.

E The head of the E market line headquarters G is anywhere

It is a net person H.

How much such people are informed C; and

C Citizens' self-esteems of various portion C must live more than ever

^^ ”라고 기재하여 후보자인 E에 대하여 허위사실을 공표하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, E, I, and J;

1. Each report on internal investigation:

1. (E), reporting the results of internal investigation, telephone investigation related to the Act on the Registration of Residents outside the Ministry of Safety and Security, E-Large K's resident registration abstract, abstract of resident registration, resident registration abstract, (M), and certified copy of Acts and subordinate statutes related to the Act on the Registration of Residents outside the Republic of Korea;

1. Article 250 (2) of the relevant Act concerning facts constituting an offense and Article 250 (2) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 53 and Article 55(1)6 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201) (see, 20

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. Fines of 2.5 million won to 15 million won in the scope of punishment by law; and

2. Publication of false facts in the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, and slandering candidates three types (the publication of false facts for the purpose of abortion), the area of special mitigation (1.5 million won to 6 million won) (the publication of false facts for the purpose of abortion) (the special mitigation factors).