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(영문) 대전지방법원서산지원 2020.11.18 2020고합61
공직선거법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant was a person who supported the E candidate who was sent to B as a candidate for Cparty (former D) in the election of the 21st National Assembly member of the National Assembly that was implemented on April 15, 2020, and the victim F was a person who was sent to the above constituency as a candidate who was elected.

No person shall publish any false information about a candidate (including a person who intends to be a candidate), his/her spouse, lineal ascendant or descendant, or sibling unfavorable to a candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of preventing him/her from being elected, and damage the reputation of another person by revealing any false information openly through an information and communications network with intent to defame the person.

Nevertheless, at around March 2020, the Defendant posted a notice at the Kakao Kao Kao Kao Mao Kao Kao Kao Kao Kao Ma with approximately 436 persons using a mobile phone in the Defendant’s residence in the Chungcheongnam-gun, Chungcheongnam-gun, the Defendant posted a notice stating that “F became Kao Mao Mao Mao, F and J (Kdong Mandong), L with a member of an illegal and extra team Mao Ma (Marriage-2005 marriage in 1985), during the course of the J/F trial on the issue of the handling of K's funds, the two married children, namely, “F became Mao Mao Ma in order to prevent democratization.”

However, there was no fact that the victim was under trial due to the above J and K's handling of non-funds.

As a result, the Defendant published false information with the aim of preventing the victim from being elected in the 21st election for National Assembly members, and at the same time, damaged the honor of the victim by revealing openly false information through information and communication networks with the aim of slandering the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. A complaint;

1. Kakaox screen to be established;

1. Application of Acts and subordinate statutes to each investigation report (the Nos. 3, 4, 12, 16 of the evidence list);

1. Criminal facts;

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