Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 7, 2014, the Defendant had access to his Twitter account (hereinafter “D”) by using a computer in Osan-si, Osan-si, one’s own residence, and posted a letter “The forgery of official document to the EF Mayor is a crime-related act, and the present government is growing up as a visible retaliation against a request for fluencing to be a fluencing grain, because it is a fluencing act. This prompt correction is not a country in which it is not a country in which it is not a fluencing one.” As shown in the attached list of crimes, from February 7, 2014 to April 17, 2014, the Defendant posted a letter against E who wishes to be a candidate for the EF market through eight times in total.
Accordingly, the defendant slandered E by openly indicating facts using Twitter communications with a view to preventing the election of E who want to be a F market candidate.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of each prosecutor's office and police suspect interrogation protocol against the accused;
1. Efaging data, such as a letter of accusation, recording, letter of answer, twitter, etc.;
1. Determination on the assertion of the Defendant and the defense counsel as to the investigation report (Evidence List 6), each investigation report (Evidence List 9, 10)
1. It is true that the defendant posted the instant letters on the Twitter. However, the defendant's act does not violate Article 251 of the Public Official Election Act, since he did not engage in such act with the aim of preventing E from being elected in the FM market election.
2. The phrase “purposes to prevent a candidate from being elected” under the main sentence of Article 251 of the Public Official Election Act is sufficient when there is an incomplete perception without requiring active or conclusive recognition. Whether there was such objective is a social status of the defendant, personal relation with the defendant or candidate for competition, motive and details of the act, method and method of the act, contents and form of the act, and the nature and scope of the other party’s act.