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Reasons
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(영문) 울산지방법원 2016.11.18 2016고합332
공직선거법위반
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Defendant shall be punished by a fine of KRW 900,000.

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

Reasons

Punishment of the crime

The Defendant is a member of the party responsible for Cparty, and D is a member of the 19th National Assembly belonging to the Ulsan E Party, who wishes to be a candidate for the 20th National Assembly election from November 2015 to March 12, 2016, from March 12, 2016.

No person shall slander a candidate (including a person who intends to become a candidate) by openly pointing out facts through 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 10:59 on December 24, 2015, the Defendant: (a) made use of the clinic called “I” to “I” in the “Nebb Ba Ba Ba Ba Ba Ba” with the name of “I” (members 1,214) for the purpose of preventing D from being elected; and (b) made use of “I” to “I” a new warning letter for the head of the company’s resignation of the head of the U.S. E-election in the Ulsan E-election district, the superior to his/her superior to his/her salary,” from the time of slandering D by posting the press articles called “F and the resignation of the president.” From January 25, 2016 to January 25, 2016.

Accordingly, the defendant slandered D by openly pointing out facts with a view to preventing D from being elected.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of L/M;

1. Reports on internal investigation (attaching relevant press articles);

1. Investigation report (a copy of the written statement of the person concerned);

1. Application of Acts and subordinate statutes on a petition, a written request for investigation (I), and I Banba;

1. Article 251 of the Public Official Election Act and Article 251 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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