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(영문) 대전지방법원 2020.12.10 2020고합362
공직선거법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 21, 2019, the Defendant was sentenced to a fine of five million won for a violation of the Public Official Election Act at the Daejeon District Court on February 21, 2019, and was not entitled to vote on March 1, 2019 and five years have not passed since the sentence became final and conclusive, and is a person who is unable to conduct

In relation to the election of the 21st National Assembly member, which was carried out on April 15, 2020, the Defendant thought that the Defendant carried out an election campaign against the “B Party” candidate by inserting letters, such as “B Party” (amended to “C Party” on February 17, 2020; hereinafter “B Party”) photographs and supporting the preliminary candidate, which the Defendant supports in the SNS account, etc. established under the name of the Defendant, in relation to the 21st National Assembly member election.

On February 9, 2020, the Defendant opened a group of “F” in the name of the Defendant’s name in the Dae-gu Apartment apartment E-gu, Dae-gu, Seoul. On February 14, 2020, the Defendant posted on the bulletin board of the above group a photograph and video file that H posted on the “G” online campaigned in the market and a preliminary candidate for the I constituency HH National Assembly member.”

In addition, from around December 16, 2019 to March 12, 2020, the Defendant posted a notice on the SNS’s “F” group and “G” group as indicated in the attached list of crimes, “J” group, “J” Internet, Defendant’s name, page North Korea account, Defendant’s personal data program, etc., 375 times in total, on the SNS bulletin board, including 5 SNS accounts in the name of the Defendant, and a total of 375 times in support of H, K (L), M (N), andO (P).

Accordingly, the defendant, even though he is unable to carry out an election campaign, has carried out an election campaign.

Summary of Evidence

1. Defendant’s accusation against the Defendant’s violation of the Public Official Election Act, the accused’s SNS posted comments, the details of SNS opening, the details of SNS posting comments, the details of NAB-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-C-B-B-B

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