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(영문) 인천지방법원 2019.03.29 2018고합773
공직선거법위반
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A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant was in charge of the Chairperson of the Digital Political Party in Incheon in connection with the 7th nationwide local election.

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

1. On June 6, 2018, the Defendant: (a) published the title “G candidate changed from F Party H to I” in the “J” under the title “B” following the Defendant’s operation even though the G candidates of F Party were not replaced from H to H in relation to the above local election, the Defendant was subject to a criminal complaint by stating false facts in the official gazette, and due to the change of candidate replacement, IK sent to B and B, and “A replacement of the player replacement,” while “G” was also accompanied by an election campaign poster with the phrase “I”.

2. On June 6, 2018, around 12:09, the Defendant posted the Internet address connected to the posting in the said Blus as “F Party G candidate H from the F Party G to I,” under the title “M” in LM.

As a result, the Defendant published the false fact that the G candidate was replaced to I due to the problem of H, in order to prevent the winning of the G candidate, in connection with the 7th nationwide local election.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the N,O, or P;

1. Application of the statutes concerning the relevant closure of a notice;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are imposed.

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