Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The Defendant was a member of a political party B, who was a candidate for the 21st National Assembly member election that was implemented on April 15, 2020, and was a person who supported the F candidate who was going to the DE area as a candidate for the H political party, and G was a person who was dispatched to the above election as a candidate for the H political party and was disqualified.

No person shall publish any false information about a candidate (including a person who intends to be a candidate) who is unfavorable to him/her through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of prohibiting him/her from being elected, or his/her spouse, lineal ascendant or descendant, or sibling.

Nevertheless, at around 22:52 on February 19, 2020, the Defendant posted a letter stating that “In order to prevent the above G from being elected, the Defendant was sentenced to imprisonment with prison labor due to the manipulation of public opinion in the presidential line, and is still pending trial,” with the aim of not being elected after having access to the Pream by using mobile phones in his own residence located in the building J of the Chungcheongnam-Nam International Building J. of the Republic of Korea.

However, the above G has only been punished for a violation of the Public Official Election Act, and there was no punishment due to the manipulation of public opinion.

As a result, the Defendant published false information for the purpose of preventing G from being elected in the 21st National Assembly member election, which was scheduled to go to the DE area as a candidate for H party.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

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1. Application of Acts and subordinate statutes to investigation reports (Attachment of Suspect A Pest bulletin printed out of North Korea);

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

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 of the Criminal Act for the detention of a workhouse.