Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

No person who intends to become a candidate or candidate by openly pointing out facts through a speech, broadcast, communication, newspaper, communication, poster, propaganda document, or any other means, and his/her spouse, lineal ascendant or descendant, or sibling shall not defame the candidate, his/her lineal ascendant or descendant, or, where he/she conducts an election campaign by transmitting text messages at a time other than the election day, only candidates and preliminary candidates who are able to transmit such messages by automatic broadcast communications using computer technology,

Nevertheless, on June 3, 2014, from around 16:00 to 21:45, the Defendant sent a text message containing the following contents: “H candidate was suffering from a disease; at the time of the integration of the two years, he/she was accused of the three organizations by stealing the name of the three organizations; and at the same time, he/she sent a text message containing “I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I am on the part of the organization without permission again; at the same time by using the telephone own program.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of H;

1. A complaint;

1. Details of sending photographs and text messages, among accompanying documents;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of documents to be sent by the complainant, and related documents to the press conference);

1. Relevant provisions for facts constituting an offense, Article 251 of the Public Official Election Act (the occupation of a candidate and the selection of a fine), Article 256 (3) 1 (b), and the proviso to Article 59 (2) of the Public Official Election Act (the fact that the provision on restrictions on the transmission of text messages is violated, inclusive, and the selection of a fine);

1. Article 37 of the Criminal Code among concurrent crimes.