(영문) 광주지방법원 2006.11.8.선고 2006고합331 판결

Defendant shall be punished by a fine of KRW 700,000. Where the Defendant does not pay the above fine, the Defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

Reasons

Facts of crime

On May 26, 2006, the Defendant stated the following as follows: “The head of a Gun shall not slander a candidate by openly pointing out facts, such as a speech, document, or other means, and shall not distribute any document, drawing, or printed matter that contains any content opposing a candidate in order to influence the election; “On May 31, 2006, 2006, ○○○○○○○, a head of a Gun without a nationwide local election, left him as a candidate for a head of a Gun and sent him to ○○, an election for the purpose of preventing him from being elected; “The contents of the Internet case search” under the title of “the name of the Defendant, the name of the crime, the bribery date, the date of sentencing, and the contents of the judgment on Defendant 2: “On November 26, 2001, the head of a Gun shall not distribute any document, drawing, or printed matter that contains any content against the candidate; “On May 26, 2006, the head of a local government office of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Korea.”

Summary of Evidence

1. Defendant's legal statement;

1. Witness Kim ○-○;

1. The description of the inducement;

Application of Statutes

1. Article applicable to criminal facts;

The main sentence of Article 251 (the point of slandering a candidate), Article 255 (2) 5, and Article 93 (1) of the Public Official Election Act (the point of distributing printed matters by unlawful means)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments imposed on a violation of the Public Official Election Act by slandering a candidate with heavier punishment)

1. Selection of punishment;

Selection of Fines

1. Detention in a workhouse;

It is so decided as per Disposition for the reasons under Articles 70 and 69(2) of the Criminal Act.