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
1. Property damage. The Defendant, while having been suffering from a candidate for the representative of the apartment complex in his/her residence, was unexploited, he/she prepared in the name of the victim D, the chairman of the election management committee, and the council of representatives of the occupants of the apartment complex in his/her name on September 11, 2016, around 19:00.
The public notice of the title “” is found to be posted on the apartment bulletin board, and it is so difficult to us as to whether the representative has received money, in the color of the text and the text of the public notice.
No representative, unless us is different, was the same as that of the Dong representative before the election, and the chairman of the election management committee without a settlement authority has been formed.
At present, the 1.3 million won limit was deducted from the management regulations, and the phrase "" was written voluntarily, and the content of the public notice was made as unfair, thereby impairing the usefulness of the victim's above public notice.
2. Defamation. Defendant 1 did not have paid money at his discretion without authorization from the victim D, the chairman of the election management committee, at the above time, at the same place, and in fact, Defendant 1 had been engaged in money by the chairman of the election management committee with no settlement authority.
The term "patently damaged the reputation of the victim by inserting false information, etc.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D, E, and F;
1. Statement made by the police against D;
1. ct v materials at the scene of damage to the text of the public announcement and damage thereof;
1. Application of Acts and subordinate statutes concerning the cases of paying operating expenses of the committee for election management, a annual list of receipt status of operating expenses, disbursement cases on election management, and disbursement details of operating expenses of election management members;
1. Article 366 of the Criminal Act as well as Article 307 (2) of the Criminal Act as to the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70 of the Criminal Act to attract a workhouse.