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Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a person who acts as the issuer and reporter of “D”, which is a local newspaper and Internet media, and E was elected as C/Gun through a re-election on April 2012, and was employed until June 2014. At the 6th nationwide local election, the Defendant was a person who was selected as C/Gun candidate (pre-registration on April 21, 2014) and fell.
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 any other means, with the intention of preventing him/her from being elected.
Around March 25, 2014, the Defendant posted an article of “J” stating the false content that “Ikman’s Mak-in Ik-in of the E head of the E Gun was reported to the police, and reported to the police,” on the page 3 of the above D No. 27 and D website, even though Ik-in was not reported to the police, Ik-in, a competitor of the E Mak-in in Incheon.”
As a result, the defendant published false facts about the person who wishes to become a candidate by newspaper or other means for the purpose of preventing the above E from being elected as a candidate for the C/Gun election.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E, K, L, and M;
1. Statement of the N in the police station;
1. Determination as to the assertion by the defendant and his/her defense counsel as to the 112 Reporting Report List, D, Investigation Report (Listening to the phone statement of a reference witness)
1. Summary of the assertion
A. There is a fact that the Defendant posted an article of the title “J” that includes an article that “IS, the Chok-man of the E head of the Gun, was reported to the police following HC (hereinafter “instant article”) on the D and D website.
B. However, since the article of this case is about E's Ikman Ik, it is about E's contents, Article 250 of the Public Official Election Act.