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(영문) 광주지방법원 2014.12.24 2014고합512
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 4, 2014, the defendant was the 6th nationwide local election that was implemented on June 4, 2014, who supported the Dap that was born during the election of the head of C-Gu.

Any person who intends to become a candidate or candidate by openly pointing out facts through a speech, broadcasting, newspaper, communication, magazine, poster, propaganda document, etc. with the intention of prohibiting an election, or slandering his/her spouse, lineal ascendant, descendant, or sibling, even though he/she does not defames his/her spouse, lineal ascendant, descendant, or sibling, with the intention of making D elected and preventing a candidate who is the other candidate from being elected, he/she is willing to send mobile phone text messages that slandere E using his/her drinking driving fact to the electorate.

On May 24, 2014, at the Defendant’s house located in Gwangju F apartment 101 Dong 110, Gwangju, Gwangju, the Defendant sent a text message to 163 electors, including G et al., stating that “I think it is not appropriate for C head of the Gu, I think it is not appropriate for C et al.) to use the smartphone app service.”

Accordingly, the defendant slandered E, a candidate by openly pointing out facts.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to a investigation report (A mobile phone storage data - the filing of text messages received on May 24, 2014);

1. Relevant Article 251 of the Public Official Election Act and Article 251 of the Election Act concerning criminal facts;

1. A fine not exceeding 500,000 won to be suspended;

1. The above fine shall be imposed on the accused under Articles 70(1) and 69(2) of the Criminal Act for detention in a workhouse;

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