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(영문) 서울중앙지방법원 2012.09.21 2012고합489
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, as a company member, is a person who works in the name of “C” in the Arabic bulletin board following the Internet portal site.

No person shall publish any false information about a candidate, his/her spouse, lineal ascendant or descendant, or sibling, in a manner unfavorable to the candidate through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of prohibiting him/her from being elected.

There is no fact that E, which is an external assistant of a candidate for the head of the Seoul Special Metropolitan City, is in office in the Japanese colonial era or is classified as a pro-Japanese, and there is no fact that D has found pro-Japanese property.

Nevertheless, at around 00:22 on October 14, 201, the Defendant: (a) connected D with D in a special election for the head of Gangseo-gu Seoul Metropolitan Government, which was carried out on October 26, 2011, with the ID referred to in the following "G" for the purpose that D cannot be elected; and (b) published false facts with respect to D and its lineal ascendants as indicated in attached Table No. 4, “C, one’s own pen,” as indicated in attached Table No. 4 of the List of Crimes (hereinafter “A”), as indicated in attached Table No. 4. of the List of Crimes.”

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. A copy of the list of registered posts, a copy of the posting of the Defendant’s writing, a copy of the Seoul Western District Court Decision 2006Kadan545, a copy of the Seoul Western District Court Decision 2006No516, a copy of the Seoul Western District Court Decision 2006No516, a pro rata (528 pages)

1. The application of the Act and subordinate statutes is 1.2 of the investigation report (the attachment of a registered post, the attachment of a registered post, the violation of the due diligence Act (Defamation), the attachment of a personal registration record card by a candidate E of the Seoul Seoul market candidate, and the attachment of a decision-making status of pro-Japanese and anti-national acts).

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