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(영문) 의정부지방법원 2012.11.23 2012고합545
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

The Defendant is a volunteer of the candidate C of the 19th National Assembly member election that was held on April 11, 2012, who is in charge of the operation of the Twitter, a kind of website and SNS (social network services) as a volunteer of the candidate D for the 19th National Assembly member election.

No person shall publish false facts with respect to the act, etc. of a candidate in favor of the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of having him/her elected.

The facts are as follows: (a) even if the D candidate was aware of the Dongbcheon City Council and the Dongbcheon City Council to compile the budget for free school meal service for middle school students or to determine the implementation of free school meal service, the Defendant, on March 14, 2012, up to 18:29, by accessing the Internet to a cell phone in the 1st floor F cafeteria of the E-building in Yangju City on the D citizen camp (Y) bulletin board (Y) in Yang Dong-ju, Dongbcheon, the free school meal service for middle school students in the Dongbancheoncheon City is implemented; (b) the D candidate’s establishment of the National Assembly and the Si Council in the Dongbcheon City and provided the environment-friendly free school meal service for middle school students subject to compulsory education. We published the Defendant’s false information related to the provision of free school meal service for approximately 1,800 members registered in the Twitter by publicly announcing it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to the contents of Tweweboard notice, internal investigation report (Interview of a person in charge of free meal service of the same 200 tweth and tweth, confirmation of comments on Twebter, analysis of twebp posts), investigation data (Evidence No. 17) cooperation data (Evidence No. 18), the transmission of the contents related to free meal service (Evidence No. 104), reply following a request for investigation cooperation (Evidence No. 104 of the Evidence No. 107 of the Evidence No. 108 of the Evidence No. 108 of the Evidence No. 108 of the Evidence

1. Relevant Article 250 (1) of the Public Official Election Act and Article 250 (1) of the same Act concerning criminal facts and selective punishment;

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