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(영문) 춘천지방법원 2016.01.14 2015고단602
공공단체등위탁선거에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the publication of false facts by February 10, 2015.

Reasons

Punishment of the crime

On March 11, 2015, the Defendant sent to a candidate for the election of the president of the Korea Agricultural Cooperatives (hereinafter referred to as “DF”), which was conducted on March 11, 2015.

With the intention of preventing an election from being elected, any false fact shall not be published with respect to a candidate, his/her spouse, lineal ascendant or descendant, or sibling disadvantageous to the candidate by means of an election campaign bulletin or other means.

Nevertheless, on February 11, 2015, from around 08:01 to 08:21, the Defendant taken photographs of the articles posted in the Internet newspaper “I” from February 6, 2015 to 12 of the members of the Association, such as the Defendant’s house located in E, from around 08:01 to around 08:1, 201, using a mobile phone, of the articles posted in “G incumbent union head HHH HHP product”, and is undergoing examination with the current association head (J)’s newspaper article and investigation along with the above photographic file.

The text message “ sent” was sent.

However, there was no fact that J was investigated (the election commission).

Accordingly, the defendant published false facts for the purpose of the J's abortion.

Summary of Evidence

1. The respective legal statements of the defendant and witness K in each part;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by each prosecutor's office with respect to K, F, and L;

1. Application of Acts and subordinate statutes to a copy of a text message (Evidence No. 16, 18), an accusation, or a statement of telephone conversations;

1. Article 61(2) of the Act on Entrusted Elections, including the pertinent law on criminal facts and the public organizations that choose a sentence, and Article 61(2) of the Act on Entrusted Elections (hereinafter “Entrusted Election Act”), the selection of fines

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. A fine of 3,00,000 won for which the sentence is suspended; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The meaning of the suspended sentence: a system which suspends the pronouncement of a punishment for a specified period and which is deemed to be acquitted after the specified period has elapsed; the effects of the suspended sentence shall be deemed to be acquitted after two years have elapsed from the date of receiving the suspended sentence;

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