Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

In order to prevent a candidate from being elected, a false fact shall not be published with respect to a candidate, etc. disadvantageous to the candidate (including a person who intends to be a candidate) through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means.

Nevertheless, on February 27, 2016, the Defendant sent to the 19 electorates using mobile phone Kakaokaoo Messen, which is a preliminary candidate for the election district of the 20th National Assembly member, with a view to preventing the election of D from being elected, and published false facts as to D by sending out the message “D had a public health clinic finalizeded by F,” despite that D had no record of being deprived of it, and even if D did not attract it into G, D had a public health clinic finalizeded by F, and the reason why A’s name tag was strong.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and D;

1. Data related to the construction of a new E public health clinic and relevant newspaper articles;

1. Minutes of the plenary session at each I session;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Kakao Stockholm message, as indicated in the facts charged that the Defendant sent to the electorate (hereinafter “instant message”) is merely an expression of opinion, and even if so, constitutes a statement of fact.

Even if there was no perception about the falsity of the defendant.

2. Determination

A. The false facts referred to in Article 250(2) of the Public Official Election Act are not consistent with the truth, and it is sufficient if the elector has the accuracy to the extent that it can cause the elector to correct the accurate judgment of the candidate, and what expression has expressed false facts.