logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2014.10.06 2014고합28
공직선거법위반
Text

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 information about a candidate unfavorable to the candidate by means of a speech, broadcast, newspaper, communications, magazine, poster, propaganda document, or other means, with the intention of prohibiting him/her from being elected.

Nevertheless, at around 20:33 on June 2, 2014, the Defendant sent to 21 persons, including H, who are the supporter (hereinafter referred to as “G”) of D, with an Internet computer, for the purpose of preventing candidates from being elected, even though the article of heavy equipment could not interfere with E candidate's pay for the same election due to personnel expenses, although the article of heavy equipment did not interfere with E that election, the Defendant sent to 21 persons, including H, who are the supporter (hereinafter referred to as “G”).

As a result, the Defendant published false facts for the purpose of preventing candidates from winning the election.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Each police statement to I, J, and K;

1. Lritten statements;

1. Each investigation report (Attachment of a list of persons engaged in the election campaign or request for the provision of M communications data);

1. Answers on results of digital evidence analysis;

1. Application of Acts and subordinate statutes to sk telecom replies;

1. Article 250 (2) of the Public Official Election Act concerning criminal facts;

1. Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of recommendation] / Publication of false facts and candidate's non-candidates 3 types (Publication of false facts for the purpose of abortion) (the basic area (5 million won to 10 million won to 10 million won) / In the event that the other party is small or less than the other party or less than radio wave, the previous punishment (including serious efforts to recover damage) / the election day is imminent, the same criminal records (including fine).

arrow