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(영문) 대구지방법원 2018.11.16 2018고합442
지방교육자치에관한법률위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is working as the clinic of "C" in the Internet Neneber Kafa, Daegu Mada room, and the victim D is a candidate (stige) who was sent to the E candidate at the 7th simultaneous local election conducted on June 13, 2018.

No person shall publish false information about a candidate disadvantageous to the candidate by communication or other means, with the intention of preventing the candidate from being elected.

Nevertheless, on June 7, 2018, at the defendant's house located in 00:30, the defendant's house located in the 1001 Dong 504, and the defendant's house located in 1001 Dong 504, the defendant reported the promotional materials about the election of the victim posted on the above NAV Kable's bulletin board, and the victim should not be elected to the Superintendent of the Office of Education. In the above publicity, the defendant posted a letter "I am informed that he would have sexual assault at the time of the head of the D candidate G school, and that the victim would not be elected."

However, the victim did not have sexual assault at the time of president of G School.

In the end, the Defendant published false facts to be disadvantageous to the victim by other means for the purpose of preventing the victim who is a candidate from being elected and damaged the honor of the victim by openly pointing out false facts.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to H and I;

1. Written statements of D;

1. Neither the text of a meeting, the closure of the Internet, nor a newspaper article after closure of a meeting;

1. Application of the Act and subordinate statutes to investigation report (the statement by victim D phone, the submission of articles related to the rate of votes obtained, the verification of the number of members, etc. of the "Tgu Madm Madm Mad", and the verification of the record of crimes D)

1. Article 49(1) of the pertinent Act and Article 49(2) of the Local Education Autonomy Act regarding criminal facts, Article 250(2) of the Election of Public Officials Act (the publication of false facts for the purpose of falling short of an election by the superintendent of education, the selection of fines), Article 307(2) of the Criminal Act (the publication of false facts).

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