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(영문) 창원지방법원 진주지원 2019.02.07 2018고합156
공직선거법위반
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

On June 13, 2018, the Defendant was a person who carried out an election campaign while supporting the E candidates belonging to the D Party E who participated in the B Siwon District in the 7th local election of Dong-si nationwide, which was implemented on June 13, 2018, and F was a person who was elected by withdrawing him as a candidate belonging to the said candidate in the same constituency as

No person shall publish false facts about a candidate disadvantageous to the candidate by means of a speech, broadcast, newspaper, communications, magazine, poster, propaganda document, or other means, with the intention of prohibiting the candidate from being elected.

Nevertheless, on May 28, 2018, the Defendant stated that “F was a party affiliated with the G Party or applied for an official ceiling to the G Party,” and posted a letter on seven candidates for B City Council members going to the said constituency under the title of “J” after having access to “I” to the E candidate H by using his mobile phone,” and that “F is a basic sign of the departure and departure of the Party to which I would have to bring many marks to the G Party.”

Accordingly, the Defendant published false facts about the above candidates with the aim of preventing F from being elected.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A complaint, evidentiary materials, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to the EH screen closure data);

1. Relevant Article 250 (2) of the Public Official Election Act and Article 250 (2) of the Election Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70(1) and 69(2) of the Criminal Act (the converted amount shall be KRW 100,000 per day);

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is as stated in the facts constituting the crime, excluding F candidates and other candidates.

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