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A defendant shall be punished by a fine of 500,000 won.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On October 10, 201, the Defendant written and posted a letter to the effect that “F” was “F” on the Internet “E” website at the window of Sungwon-si, Sungwon-si, Sungwon-si and Changwon-si’s window D, Changwon-si, Seoul Special Metropolitan City,” “Contents: G candidate who was going to a special election for the Seoul Seoul Special City market is pro-Japanese who was present at the events for the Japanese self-defense, and if elected to the Seoul Special Metropolitan City Mayor, he will not be elected at the market.” From October 10, 201 to October 13, 2011, the Defendant posted the letter to the above website, such as the letter posted on the Internet by the Defendant.
Accordingly, the defendant slandered the candidate by openly pointing out facts with the aim of preventing G from being elected to the Seoul Special Metropolitan City Mayor.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;
1. Application of investigation reports (Internet language related to the violation of the Public Official Election Act) and communication data reply statutes;
1. The main sentence of Article 251 of the former Public Official Election Act (amended by Act No. 11071, Nov. 17, 201) regarding criminal facts
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. Although the gist of the assertion was the fact that the Defendant posted an article on the Internet “E” website under the name of “F” as stated in the facts constituting the crime in the judgment, it is merely a fact that the Defendant had a personal opinion on G’s history and morality, etc., and it is difficult to view that the Defendant did not have a purpose to prevent G from being elected to the Seoul Special Metropolitan City Mayor.
In addition, as a true fact, this article is about the public interest, and its illegality should be excluded.
2. Determination
(a)a statement of fact;