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

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

Punishment of the crime

The defendant was registered as a preliminary candidate for C/Gun re-election D party, which is held in B, and went away from the competition.

No one shall publish false facts about any candidate for the intra-party competition, his/her spouse, lineal ascendant or descendant, brothers and sisters, etc. in a manner unfavorable to any candidate for the intra-party competition through any speech, broadcasting, communications, magazine, poster, propaganda document and other methods for the purpose of preventing any election in connection

Nevertheless, on January 28, 2020, the Defendant sent to 27 persons, including the following: (a) the Defendant’s office located in Seocho-gu E Apartment-gu, Seoul; (b) using the Kakaoxo and text messages, the Defendant, at the time, received “qualified candidate” from the candidate verification committee; and (c) the Defendant sent to the 27 persons, including: “Unqualified candidate F candidate verification and false text messages indicating that D party candidate is disqualified; and (d) the candidate F candidate verification was false.”

Accordingly, the defendant published false facts about competition candidate F with the aim of preventing the election in connection with the intra-party competition.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (a list of preliminary candidates submitted by the G Election Commission) (a report on internal investigation (a confirmation of the F phone number of preliminary candidates for Gun);

1. Application of Acts and subordinate statutes to report internal investigation (the results of request for digital evidence analysis) (the capture of a suspected suspect sent to 25 Kakaox by 25 Kakaoo);

1. Article 250 (3) and (2) of the Public Official Election Act and Article 250 (3) and (2) of the Act on the Election of Criminal Offenders;

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

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

1. Scope of punishment by law: Fines of 50,000 to 10 million won;

2. Scope of recommendation types according to the sentencing criteria [decision of type] of election crimes; Publication of false facts and the publication of false facts for the purpose of election [type 2] The publication of false facts for the purpose of election [special-selective persons] mitigated elements: The primary election for the purpose of election.