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(영문) 대전지방법원 2013.05.30 2013고합145
공직선거법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On December 19, 2012, 201:09, the election day of the 18th presidential election day, the Defendant, at one’s own house of the Daejeon Dong-dong C, 103(DB) (DB), posted the Defendant’s Internet Twitter account (E) with a cell phone, and published “the elderly NN and people who choose F” on the same day from around 01:42 to around 01:42, as described in the attached list of crimes in the Twitter account, continuously opposed F candidates over 18 times in total, and included contents of support for G candidates.

Accordingly, the defendant carried out an election campaign before the close of the election day.

2. On December 19, 2012, the Defendant, at the same place as the preceding paragraph, posted a letter that “ humans who support and extract a candidate F for the President of the Waste who is not aware of our city level, are not qualified as citizens.”

Accordingly, the Defendant slandered F candidates by openly pointing out facts with the aim of preventing F, a candidate for the 18th presidential election, from being elected.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation prepared by the H;

1. Application of Acts and subordinate statutes on the screen screen by cutting down the twitter;

1. Article 254 (1) of the Public Official Election Act (including the violation of an election campaign period) and Article 251 of the Public Official Election Act for criminal facts;

2. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment prescribed for a violation of the Public Official Election Act due to a violation of an election campaign period heavier than punishment).

3. Selection of an alternative fine;

4. A fine not exceeding 500,000 won to be suspended;

5. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day).

6. The reason for sentencing under Article 59(1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. The scope of punishment by a fine not exceeding 6 million won;

2. A violation of Paragraph 1 of the Public Official Election Act, which applies the sentencing criteria (crimes subject to the sentencing criteria).

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