1. The defendant shall be punished by a fine of 2,500,000 won;

2. Where the defendant does not pay the above fine; 50.

Punishment of the crime

The Defendant, even though there was no fact that the F candidate for the 18th presidential election E visits to peace or that he dump of G located in that place, the Defendant made a speech to the 15,000 people, such as Seoul, at the 18th presidential election, held in Jongno-gu Seoul on December 8, 2012 at the open space of the 14:50 candidate for the 18th presidential election, which was held in Jongno-gu Seoul, for the purpose of preventing the presidential candidate from being elected, on the other hand, “F candidate, according to J, Ga in North Korea, was dedicated to G’s dump and fump and fump the Republic of Korea, which was the foundation of the Republic of Korea of the Republic of Korea, which was sumped by the President for the 15,000 persons, including Seoul, who were at the open space of the 18th presidential election president.”

As a result, the Defendant published false facts to the disadvantage of F candidates so that they could not be elected.

Summary of Evidence

1. Partial statement of the defendant;

1. replys to requests for confirmation of facts, transcripts (Evidence Nos. 35), application of Acts and subordinate statutes of requests for cooperation in investigation;

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

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. The prosecutor has the burden of proof with regard to the fact that the defendant's speech is false, and the defendant has no intention to commit a crime with regard to the fact that the defendant's speech is false.

2. The crime of publishing false facts is necessary to establish the crime of publishing false facts in order to establish the crime of publishing false facts, and the crime of publishing false facts is not established on the sole basis of the fact that the public prosecutor has no proof that it is true.