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(영문) 대구지방법원 포항지원 2018.10.11 2018고합68
공직선거법위반등
Text

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

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

Reasons

Punishment of the crime

No one shall publish any false fact with respect to a candidate, his/her spouse, or any lineal ascendant or descendant, or sibling disadvantageous to a candidate (including a person who intends to become a candidate) with the intention of preventing him/her from being elected.

Nevertheless, for the purpose of preventing the Defendant from winning the above election, as a person who wishes to be a candidate for the election of C superintendent of the Office of Education on June 13, 2018, D was not subject to disciplinary action at the time when D was in office as a teacher, and the reason why D retired from office was not due to disciplinary action, but to have been taken by himself/herself. However, around February 6, 2018, the Defendant’s residence located in E at the Defendant’s Internet portal site “H” that was connected to the Defendant’s cell phone site “F” and posted in G News column “this team was made unfolded at the time of his/her school.”

Recognizing into comments on the comments “.....”

Accordingly, the Defendant published false information to be disadvantageous to the above D and damaged the honor of D by disclosing false information to the public through the information and communication network for the purpose of slandering it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A complaint filed in D;

1. Investigation reports (Binding a list of preliminary candidates of the Central Election Management Committee), replies to a warrant of search and seizure, reports on investigation (data reply - J high school), reports on investigation ( replys to a warrant of search and inspection, etc.);

1. The application of Acts and subordinate statutes concerning cooperation in investigation, replys to matters requiring cooperation in investigation, and individual service by cutting down the F News and the comments, cutting down the preliminary candidate list, cutting down the list of candidates;

1. Article 250 (2) of the Act on the Election of Public Officials under the relevant Act on Criminal Facts (the publication of false facts for the purpose of falling short), Article 70 (2) of the Act on the Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (the publication of false facts via information and communications network) concerning criminal facts;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Punishments).

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