Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant support D, which is a candidate for the 7th nationwide local election B party C political party, and oppose E, which is a preliminary candidate for B political party C market.

No person shall publish any false fact with respect to a candidate (including a person who intends to become a candidate; hereinafter the same shall apply) disadvantageous to the 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.

On December 7, 2017, the Defendant prepared a letter of name stating “E member, at the time of the past presidential election, is likely to incur an excessive impact on the country, and is at a f match with the country,” with the aim of preventing the Defendant from being elected, “E member, at the time of the past presidential election, is likely to become a candidate for the 7th nationwide local election market,” and the same month.

9. Around 14:20 to 15:00, B party CJK Party member competitions held in H from 14:20 to 15:00 attended the Party member competitions held in H, and distributed a statement of the above names equivalent to approximately KRW 200 to party members.

As a result, the Defendant published false information about E with a view to preventing the election of E who wishes to be a candidate for the 7th nationwide local election market.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness L, M, N, and E;

1. Some statements made by the police and the prosecutor's protocol of examination of the accused;

1. An interrogation protocol of the police officer regarding theO;

1. Each police protocol of statement of P, E, and Q;

1. Some statements made by the police in each police protocol against R and S;

1. A written accusation;

1. Name statement;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports, and investigation reports (to telephone conversations of persons for reference);

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

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 for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.