Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person shall publish any false fact with respect to a candidate for the competition in a manner unfavorable to the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of preventing him/her from being elected in connection with the competition in a political party.

On March 18, 2017, the Defendant posted and published the false facts that “D” 4th office located in Mapo-gu Seoul Metropolitan Government, and that “D” 5th office of the 19th presidential candidate for the 19th presidential candidate for the 19th presidential election of the E Party, despite the fact that F police officer did not record first, the Defendant posted and published the false facts that “D” 5th presidential election of 19th presidential candidate for the 19th presidential election of the E Party, “G” as “H” in relation to the said public opinion poll,” under the title “I”, “I”.

Accordingly, the Defendant published false facts on the support rate of the candidates in transit of the first competition in order to prevent them from being elected individually, with the exception of the F Racing candidates. The Defendant published false facts to the other candidates except F Racing candidates.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect of the police against P;

1. Each police statement made to Q, R and S;

1. Search and seizure warrant reply;

1. Complaint;

1. Investigation report (to have telephone conversations with Q by a criminal complaint representative of the E Party), investigation report (to have passed the first competition of the E Party and report on confirmation of the person who passed the first competition);

1. Application of statutes governing Internet posts;

1. Article 250 (3) and (2) of the Act on the Election of Public Officials in Charge of Criminal Facts and the Election of elective Public Officials;

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. The scope of punishment by law: Fine not exceeding 10 million won;

2. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended sentencing guidelines] [the publication of false facts] and the publication of candidates’ slandering the two types (the publication of false facts for election purposes] [the scope of the recommended and recommended punishment]. The basic area of the recommended punishment is not less than 2 million won.