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(영문) 대구지방법원 경주지원 2018.11.08 2018고합67
공직선거법위반
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall publish any false fact with respect to a candidate (including a person who intends to become a candidate) disadvantageous to the candidate (including a person who intends to be a candidate) by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of preventing him/her from being elected.

Nevertheless, the Defendant, on May 22, 2018, connected the Banbde “F” in the Defendant’s residence located in Youngcheon-si, Si around May 22, 2018, with a view to preventing the Defendant from winning the election, which is a candidate for the 7th simultaneous local elections C market at the same time.

Before May 29, 2014, G Press video (Inn H A, D No. 6) was a candidate for C market at the simultaneous local election of the Republic of Korea on May 29, 2014.

A notice was posted by linking “A’s false dissemination of false information” to the high width of “A”.

However, the facts revealed that D did not want to spread false facts as above, and H was convicted of two years of suspended sentence for one year of imprisonment with prison labor for violation of the Public Official Election Act (Publication of false facts) at the Daegu District Court and its Daegu District Court on January 23, 2015.

Nevertheless, the Defendant posted the video linked around 18 times from May 22, 2018 to May 28, 2018, as indicated in the list of crimes in the attached Form.

Accordingly, the defendant published false facts to D so that it can not be elected.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Screening pictures obtained by cutting down a letter posted by the defendant's address;

1. Investigation report (absent J and posting K mogical materials);

1. Investigation report (the attachment to a CD in an emergency reporter's conference, video boom, etc. related to the C market candidate's inspection posted at Thailand);

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of the authenticity of the statement of H's press report);

1. Relevant Article 250(2) of the Act on the Election of Public Officials for Criminal Facts and for the Selection of Punishment (a inclusive:

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