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(영문) 인천지방법원 2014.11.28 2014고합763
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the special chairperson of the Cparty D Market Cyber Measures.

On June 2, 2014, at around 20:13, the Defendant prepared and posted a letter stating, “D market elections shall be thrown away from her twitter account (F) with a smartphone at the parking lot for department stores, and the Defendant’s twitter account (D market election shall be replaced by the Hahnnam G City Mayor and the Hahnnam H candidate who re-born with the nwitter and the nicknam H candidate.”

As a result, the Defendant, which was scheduled to take place on June 4, 2014, went through with the aim of preventing H from being elected, a candidate who belongs to the I political party of the D market election, for the purpose of preventing H from being elected. Despite the fact that the young wife does not want to get a divorce, the Defendant, despite the defects, divorced from the will of the wife, and claimed as if he re-born, thereby slandering H.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A H statement;

1. Application of Acts and subordinate statutes to the twitter screen output, H’s K and L in office

1. Relevant Article 251 of the Public Official Election Act and Article 251 of the Election Act concerning criminal facts;

1. Reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for attracting partners in a workhouse;

1. The scope of punishment: A fine not exceeding five million won;

2. Aggravation of recommendations on the sentencing criteria: Scope of recommendations [Determination of types] on the sentencing criteria: Group of election crimes, Type 1 [Special Aggravation of Punishment] on the election day, where election crimes, the publication of false facts, and the publication of candidates: Where it is imminent on the election day, and where it is highly high radio wave (generally increased): An aggravated area of crimes by persons involved in election: 2.5 million won to a fine of 4 million won.

3. The crime of this case involving the determination of sentence means that the Defendant slandered a specific candidate by posting a letter on the Internet for the purpose of preventing a specific candidate from being elected in an election. Such act constitutes an obstacle to the settlement of a sound and transparent election climate by infringing on the fairness of the election and the reasonable choice of voters, and the Defendant belongs to a specific political party.

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