A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant was a person who was an election campaign manager of C (D Political Party) who moved to a candidate for B/Gun nationwide on June 13, 2018 that was implemented on June 13, 2018, and E (F Party) was a person who moved to a candidate for B/Gun from the above election, and was in office as B/Gun from July 1, 2014 to June 30, 2018.

On June 6, 2018, at around 08:11, the Defendant received two copies of the photograph of the accusation (hereinafter “instant accusation”) stating the following: (a) under the title “written charge of accusation” from G, that “E personally subsidized field H on November 28, 2017” (hereinafter “instant accusation”).

However, the subsidization of H-related expenses in the area B was a subsidy lawfully paid through the examination and resolution of the B-Gun Office and the Gun Council pursuant to the B-Gun Ordinance on Honorable Treatment and Support of Persons Eligible for Veterans Affairs.

Nevertheless, without any effort to confirm whether the above accusation is true or not, the Defendant sent the above photographs to I, J, and K (LW branch office) and sent them to the O-type room consisting of nine members, such as M and N, who are the office chiefs of the candidates of the D Party affiliated with the D Party that participated in the above local election, and distributed them.

As a result, the Defendant published false facts for the purpose of preventing E, a candidate of B/Gun, from being elected.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused and G concerning the accused;

1. The police statement of K;

1. Police seizure records;

1. Investigation report (a relative investigation of persons who are accompanied by MO photographs and photographs taken by A in a written accusation);

1. Application of Acts and subordinate statutes to the submission of data on investigation (related to subsidies for the P organization B branch offices);

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

1. From among concurrent crimes, the crime of violation of the Public Official Election Act through the holding of heavier O-types than Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act.