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(영문) 광주지방법원 목포지원 2019.01.10 2018고합128
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 defame a candidate by openly pointing out facts through a speech, newspaper, communication, newspaper, communication, poster, propaganda document, or other means, with the intention of getting elected or getting another person elected.

Nevertheless, at around 10:13 on June 7, 2018, the Defendant posted, using a mobile phone, a statement that “The Mediet public officials of this case, which is similar to the national number of comments, are engaged in SNS comments, personnel affairs and additional marks on the Mediet and evaluation of the Mediet.” The Defendant granted the Mediet public officials of this case, who are similar to the national number of comments. It also posted, on four repeated occasions, a statement that “The Mediet No. H is evidence of the Mediet No. Hado Hadok-si apartment No. Hak-gun, the Mediet of the Mediet citizens,” to allow an unspecified number of people to be seen.

As a result, the Defendant slandered the candidate by openly pointing out facts through communications with the aim of preventing the J, a candidate of an I political party from being elected for the election of the 7th nationwide local government election.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. A written accusation;

1. Cooperation in investigation affairs, submission of materials, replys with cooperation in investigation affairs, and replys upon request for cooperation in investigation;

1. Application of Acts and subordinate statutes governing posts and photographs;

1. Relevant provisions concerning criminal facts and the main sentence of Article 251 of the Public Official Election Act (referring to general provisions and choice of fines);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: Fines of 50,000 to 5 million won; and

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of a type] [the decision of a type] election, the publication of false facts, the publication of candidate's visa (a person in special form] increase factor - where the other party is imminent on the election day, and where the other party is considerably majority or highly high radio wave (the decision of the recommended area] special aggravation [the scope of the recommended area] 2.5 million won to 6 million won (the selective sentence).

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