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(영문) 광주지방법원 2018.03.16 2017고합491
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

No person shall publish any false fact with respect to a candidate, his/her spouse, lineal ascendant or descendant, or sibling, in a manner unfavorable to the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of preventing him/her from being elected.

In order to prevent the Defendant from winning the 19th presidential election carried out on May 9, 2017, the Defendant independently applied for and independently passed the recruitment of public officials E in general service, while the son of the D candidate was not a class-5 public official in general service on March 7, 2017, even though he was not a class-5 official in general service, on March 7, 2017, at the Defendant’s home located in the 19th presidential election that was carried out by the Defendant using a computer in the name of the Defendant at the Defendant’s home located in the 19th presidential election, the Defendant independently passed the Defendant’s exclusive subsidy to Class-5 public bonds of class E in general service.

In addition, this paper, as shown in the list of crimes in the attached Form, posted a notice stating that H's illegal admission into the Republic of Korea and "other needs to be different from each other," and also posted a notice on the Defendant's Twitter and Pins North Korea, stating that the child of D candidate's child was passed solely by providing a single support for employment of class 5 public officials through a total of 69 times from April 3, 2017.

Accordingly, the Defendant published false facts about D candidates and lineal ascendants and descendants of D candidates as above with the aim of preventing them from winning D, a candidate for the 19th presidential election.

Summary of Evidence

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

1. Written accusation (including attached documents);

1. Application of Acts and subordinate statutes of the investigation report (including the document Nos. 13, 18, 20 and each accompanying document)

1. Article 250 (2) of the Election of Public Officials Act concerning facts constituting a crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in a violation of the Election of Public Officials Act, which is the largest punishment for concurrent crimes);

1. The Criminal Act for mitigation of quantity;

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