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(영문) 대구지방법원 안동지원 2016.09.29 2016고합38
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 supported D, who is the cause of active duty service for the 20th election district preliminary candidate interest in the election district of the National Assembly member, had constantly been raised from E, a preliminary candidate for the same local constituency, to exercise influence over the selection of real estate speculation or the project site in relation to the so-called “F,” and had the Defendant spread the SBS current program “for the purpose of opposing it or spreading negative perceptions on E” through the media such as SNS.

The Defendant, from around 10:00 on February 5, 2016 to around 10:0, taken a photograph of E’s ancient village in H, and the cemetery of D in I, from around February 7, 2016 to around February 7, 2016, edits the images taken as above at the J and the office located in the second floor in K (former L) in the J and the second floor in the Defendant’s operation. The facts are well known that the compilation images do not go against a third party’s house in M, etc., but rather, the E candidate’s house in which the issue arises.

E Housing known to the office of the candidate was very convenient for entry by location in the vicinity of the road.

“E candidate’s house located in the vicinity of the road” was inserted in the relevant screen, and a third party’s house, which appears to be more likely to be externally high-quality, was transmitted and disseminated to N, a supporter of D through the Kakakao Stockholm on February 7, 2016, by inserting the caption of “E candidate’s house located in the vicinity of the road.”

As a result, the Defendant published false facts about E to the disadvantage of E in order to prevent the above E from being elected.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of reference witnesses by the prosecution concerning theO;

1. Each police statement made with respect to P and N;

1. An investigation report (such as attaching images to the screen of the video of this case and an indoor summary, etc./

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