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(영문) 서울북부지방법원 2012.12.07 2012고합430
공직선거법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

In the election of the National Assembly member of April 11, 2012, the Defendant was a C's partner who was going to a party B in Seoul Central C's constituency and was deprived of it.

No person shall publish false facts about a candidate, his spouse, or any lineal ascendant or descendant or sibling disadvantageous to a candidate (including a person intending to become a candidate) through a speech, newspaper, communication, poster, propaganda document, or other means, with the intention of prohibiting an election.

Nevertheless, at around 10:00 on March 16, 2012, the Defendant connected the Internet to the D Attorney Office in Jung-gu Seoul, China-gu, and called “G candidate for the 19th National Assembly member Jung-gu Seoul National Assembly member, for the purpose of preventing G candidates from being elected, even though he was not able to drink or drink while drinking in front of an I restaurant located in Jung-gu, Seoul, on March 15, 2012, at around 20:0, G, a preliminary candidate for the 19th National Assembly member Jung-gu, Seoul, for the 19th National Assembly member Jung-gu, Seoul, with the intention of preventing G candidates from being elected.

As a result, the Defendant published false facts about G to the disadvantage of G in order to prevent the candidate from being elected.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness L, M, N,O, P, and Q;

1. Partial statement of witness R in the court;

1. Application of the police statement law to S and T

1. Relevant legal provisions concerning criminal facts and Article 250 (2) of the Public Official Election Act for the selection of punishment (the point of publishing false facts and the selection of fines);

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion ① The contents posted by the Defendant on the Twitter are merely merely an exaggerated expression, not false facts, and ② G is the same.

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