A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

No person shall publish false facts about a candidate disadvantageous to the candidate by means of a speech, etc. with the intention of preventing the candidate from being elected.

The Defendant, an election campaign worker D of the candidate for the 20th National Assembly member, was held at around 14:00 on April 6, 2016. Under the C Party F Candidate Joint Tax Law held at E, the Defendant told, “In order to hear the campaign speech of the candidate for the CE political party, a number of unspecified and unspecified people, who were gathered, by a fine of KRW 3 million due to a violation of the Election Act, and who offered the 2th H candidate No. 2 of the G former market denying the market position, was immediately a candidate for the I Political Party No. 2, but the H candidate was not a official by the F National Assembly member Labor Council of the I political party, but a candidate was elected as an I Political Party candidate via a public opinion poll line.

As such, the Defendant published false facts to be disadvantageous to the J candidate by means of speech for the purpose of preventing election, and at the same time undermined the honor of the J candidate by openly pointing out false facts.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of K;

1. Written confirmation of the F market candidate selection process, notification of the result of the competition in the political party, each pledge, printed articles of the result of the competition in the F market candidate, articles related to the national competition, articles related to the national competition decision, articles related to the opposition to the national competition, articles related to the determination of the national competition, articles related to the recommendation of candidates for the I Party, rules on the recommendation of candidates for the I Party candidate, public notice of the results of the I Party competition examination, and application of the F market competition-based statute;

1. Article 250 (2) of the Public Official Election Act (the point of publishing false facts for the purpose of abortion) and Article 307 (2) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment prescribed for a crime of violating the Public Official Election Act, defamation, and punishment heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are stated in the suspended sentence.