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

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

Punishment of the crime

No person shall publish false facts concerning the affiliation, etc. of a candidate or a lineal ascendant or descendant disadvantageous to a candidate by means of a speech, broadcast, newspaper, communication, etc., with the intention of preventing him/her from being elected.

On March 24, 2017, at around 20:06, at the defendant's house located in Gyeyang-gu Incheon Gyeyang-gu Incheon, 12 persons, such as D and E, participated in the Kakao Stockholm Group, and posted a letter "H" on the Kaka Stockholm Group under the title of "F".

However, the reference of the candidate H for the 19th presidential election was born at the time of the 1920th presidential election at the time of the 1920th presidential election, and the head of G branch was working as the head of the I View Agricultural Division, and the Korean War was launched in 1950, and it was not the head of G branch.

As a result, the Defendant published false facts to be disadvantageous to the candidate by means of communication for the purpose of preventing H candidates from being elected.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement to J or K;

1. Report on internal investigation (whether the suspicion of this case is false or not);

1. Application of Acts and subordinate statutes to language on a cell phone screen, Kakao Stockholm, newspaper articles, Internet search screen pictures, and copies of the judgment;

1. Article 250 (2) of the relevant Act concerning facts constituting an offense and Article 250 (2) of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing).

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 2.5 million won to 15 million won;

2. The application of the sentencing guidelines [type determination] where the three types (the publication of false information for the purpose of falling short) (the publication of false information for the purpose of falling short), the publication of false information, or the degree of slandering the candidate is weak, and where the other party is considerably many or high in spreading [the scope of recommended punishment] basic area, and fine of five million won.