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(영문) 전주지방법원 2013.06.13 2013고합67
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A false fact shall not be published with respect to a candidate (including a person who intends to become a candidate) unfavorable to the candidate by means of a speech, broadcasting, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of preventing him/her from being elected, in a false manner.

On October 23, 2012, the Defendant, using his own computer at the Defendant’s home located in Seongdong-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, on October 23, 2012, published false facts for the purpose of preventing the election of E who had been registered as a candidate for the presidential election C of the 18th presidential election and completed the registration of a preliminary candidate, by accessing the Internet site’s “medias: (a) should have taken away at the expense of documents for preferential employment of D.D.”

In addition, the Defendant stated the contents similar to those indicated in the attached list of crimes in three times, such as this, and published false information by inserting comments on the articles inserted in the following “media”.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes after the closure of the screen:

1. Relevant provisions of the Act and Article 250 (2) of the Public Official Election Act concerning criminal facts and the selection of punishment;

1. From among concurrent crimes, Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Public Official Election Act on a violation of the Public Official Election Act, No. 3 times a year table of crimes with the largest offense);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 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. Scope of applicable sentences under law: Fines of 2.5 million won to 22.5 million won;

2. Scope of recommendations according to the sentencing criteria;

A. Each of the crimes in its holding [decision of type] election crimes,

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