2013Gohap541 Violation of the Public Official Election Act

A

Edial (prosecutions) and best practices (public trial)

Attorney B (Korean National Assembly)

January 3, 2014

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

Criminal facts

1. 피고인은 2012. 3. 18.경 서울 강서구 C연립 라동 205호에 있는 피고인의 집에서, D 사이트 종합게시판에 'E'이라는 필명으로 접속하여 'F에게 성상납해온 G의원 또 공천 해주다니'라는 제목으로, "알고 보니, 그 온갖 소문들이 다 사실이었고, F는 결함덩어리였으니,,, 야! H당아, 니네 눈엔 강구민이 물이냐! 알고 보니 아무 자격도 없는데 (3류대 체육과 출신으로 학력 뿐 아니라 변변한 업적이나 이력 등도 없는데) 어떻게 의원이 됐을까 의아했었는데, F에게 성상납해온 G이란 국개의원놈을 또 공천을 해줘! 음란한 저 F, 大선 때 기어나오기만 해봐! 야, F! 왕년에 갱호실장이랑도 한참 놀았었대며? 너, 엄청 팔팔해서 힘센 놈 아니면 안 논대며? 늙은 사장이 감당이 안돼서 G도 붙여줬던 거라며? 완전 걸레가 뭐, 대똥을 하겠다고? 그 애비에 그 미친딸이로구 만~~!!"라고 게시하였다.

2. On June 10, 2012, the Defendant, at the above Defendant’s house, connected to the pen name of “A (J)” on the Chosun. The Defendant posted a letter of the same content as described in paragraph (1) to “F, i.e., “G Council members and Gongcheon-do, which have been sexually paid to F.m.

3. On June 23, 2012, the Defendant posted a notice of the same content as the subject matter of Paragraph 1, on the said Defendant’s house, with the title of “A (J)” connected to the pen name of “A (J) on the Chosun.”

As a result, the Defendant slandered F candidates by openly pointing out facts with the aim of preventing F candidates from being elected.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Requests for investigation;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Public Official Election Act § 251. Selection of fine type

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

Reasons for sentencing

1. The scope of punishment: Fines of 50,000 to a fine of 5 million won;

2. Scope of recommendations: Fines of one million won to three million won.

[Types of Crimes] Election Crimes, Publication of False Information, Slanders for Candidates

【Determination of Recommendation Area】 Basic Area

3. Determination of sentence: Fine of one million won; and

Although the defendant posted three times a letter that slanders a specific candidate on the Internet, all of the crimes of this case are deemed to have been committed six months prior to the election day, and such acts of the defendant do not seem to have any particular effect on the election result, the defendant has no criminal record of the same kind, and all of other sentencing conditions specified in the arguments of this case shall be determined as ordered by the sentence, taking into account all of them.

It is so decided as per Disposition for the above reasons.

Equal judges of the presiding judge;

Judges Lee Jae-sik

Judges Ooman