The sentence of sentence shall be suspended for the defendant.

Punishment of the crime

C is a person who has fallen as a candidate in the election district of the 20th National Assembly member that was implemented on April 13, 2016.

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

On March 8, 2016, at the Defendant’s house located in E around 07:45 on March 8, 2016, the Defendant connected “F” page (www.fceok.com) by using his own smartphones, and then is required to have the credit value of 40,00 won or to have been repaid in the text ("G") containing C’s appearing videos posted at that place.

담에 보시면 외상값 제가 지불 (C 씨 보시 몃)” 이라는 내용의 댓 글을 게시하였다.

However, there was no fact that C had treated gas stations on credit or not paid the credit amount at the above I gas stations around 1997.

Accordingly, the Defendant published false facts about C with a view to preventing the winning of C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, J and K;

1. A photograph by cutting down the comments comments on “F”;

1. Application of telephone investigation and L-related Acts and subordinate statutes to report internal accidents;

1. Article 250 (2) of the relevant Act concerning facts constituting an offense and Article 250 (2) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Sentence of a fine not exceeding 3,000,000 won;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Determination as to the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence

1. Although there is a fact that the Defendant posted comments on the comments as stated in the summary of the argument, C is on credit at the time when the Defendant worked at H I in 197.