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(영문) 대구지방법원 김천지원 2016.05.31 2016고합30
공직선거법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a party member of C, and the victim D is a person registered as a candidate for the E election district in the 20th National Assembly member election.

No person shall defame a candidate (including a person who intends to become a candidate) by openly pointing out facts through a speech, broadcast, communications, or any other means, with the intention of preventing an election.

Nevertheless, at around 21:53 on January 11, 2016, the Defendant: (a) connected the Defendant’s page by using a mobile phone from the Defendant’s home located in F; (b) “G” as the title “G” on the bulletin box that can be seen by anyone; and (c) “I will again leave the H, if he is left, and grown, so far as possible, so long as you do not pay taxes to H; and (d) C will be elected only by the Defendant’s office located in the Defendant’s home; and (e) the Ministry of National Defense DC (m) whose election is held by the Ministry of National Defense.

At the core of K, it is possible to assume the responsibility for the fluent H economy and H citizens who worked for the Ministry of National Defense at the core of K.

I think Doz.

(b) I have repeatedly think that there is no interest of any of the citizens who are solely Ha and who will fall into the category of the D candidates who are solely interested in the C political party.

(Haym) by inserting the content of “D”, the purpose of the election was to defame the D by openly indicating the fact.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the police concerning L;

1. Application of Acts and subordinate statutes to Chapter 1 of this Decree to each internal report (the date on the proof of performance and the date on which a page is drawn up), and to cover up a page and to cover up a page eight copies, and to cover up a page;

1. Article 251 of the relevant Act concerning facts constituting a crime and Article 251 of the Act on the Election of Public Officials in Charge of the Selection of Punishment;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument that the writing posted by the defendant slandered D;

It can not be seen as public interest, and it is for public interest.

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