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(영문) 인천지방법원 2017.07.14 2017고합344
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

The Defendant joined as a member of the Party C from around April 1993 to May 5, 2017, and was working as an assistant to the legislation of the former Assembly member of the Party E, and the chairman of the political party F Tax Analysis Committee of the D Party F, and was working as the head of the policy-making headquarters of the G Party Incheon Metropolitan City Party Election Countermeasures Headquarters from April 2017 to May 2017.

No person shall publish any false fact with respect to any candidate, etc. disadvantageous to the candidate (including any person who intends to become a candidate) by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of preventing him/her from being elected.

Nevertheless, on May 2, 2017, the Defendant used mobile phone Kakao Stockholm to prevent the winning of the 19th presidential election at around 14:03, the 19th presidential election, which was a candidate of the H, the Defendant: (a) used the mobile phone Kakao Stockholm; (b) used the presidential election campaign to “the independence of the Korea Coast Guard” as a presidential election campaign; and (c) decided to attract the independent Korea Coast Guard to Busan

Despite the absence of the fact, G Party Election Countermeasures Committee sent to the Stockholm room of G party Incheon Metropolitan City, a message called “I-do Reinstatement of the I-U.S. M. M. P. and published false facts to I-U.S. candidates.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to digital sirens, international newspapers (printeds), investigation reports (I candidates, restoration of warning, and attachment of the contents of Incheon press reports);

1. Article 250 (2) of the relevant Act concerning facts constituting an offense and Article 250 (2) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: Fines of not less than 2.5 million won but not more than 15 million won;

2. Application of the sentencing criteria (the type of decision) (the publication of false facts in the election, and the publication of false facts for the purpose of falling on the election) type 3 (the publication of false facts for the purpose of falling on the election): Reduction factors:

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