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(영문) 대전지방법원 서산지원 2017.12.06 2017고합43
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 false facts with respect to a candidate, his/her spouse, or any lineal ascendant or descendant, or sibling disadvantageous to a person who intends to become a candidate, with the intention of preventing him/her from being elected.

In relation to the election of the 19th President of the Republic of Korea implemented on May 9, 2017, C, a person who wishes to be a candidate under the jurisdiction of the political party B, proposed a total of 64 bills including 4 bills for the representative of the 19th National Assembly members.

Nevertheless, with a view to preventing C from being elected in the election of the 19th President of the Republic of Korea at around 08:31 on February 23, 2017, the Defendant had access to the Internet website at the Defendant’s home located in Jin-si, Jin-si, by means of a computer at the Defendant’s home, following the website: (htp://agora. Media. drum.) under the title of “E”, [C] [Attachment] ( omitted] (i) the attendance rate at the 19th National Assembly, and 0 items of the bill of law proposed.

(Omission) posted a notice stating “.......”

In addition, from around that time to March 15, 2017, the Defendant posted a notice stating that there is no legislation proposed by C during the 19th National Assembly members holding office on the Internet site and on the bulletin board of the Arara debate room, as shown in the list of crimes committed in the attached Table.

As a result, the Defendant published false facts about the person who wishes to be a candidate with the intention of preventing the winning of election.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Report on internal investigation (almarization of press reports related to the candidate for the 19th presidential election), investigation report (request, etc. for submission of evidence as to the counter-party to the suspect), investigation report (verification of the number of proposed bills by a candidate), investigation report (where the number of proposed bills by a candidate's law, submission of press reports related to the attendance rate), investigation report (related to confirmation of the

1. The application of Acts and subordinate statutes governing one coupon (Evidence of posted materials);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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