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(영문) 대구지방법원 2019.03.12 2018고합560
공직선거법위반
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a parent of C (a party election and the head of the present B/Gun) who was a candidate for B/Gun at the 7th simultaneous local election held on June 13, 2018.

No person shall publish false information about a candidate, etc. disadvantageous to the candidate by means of a speech, etc. with the intention of preventing the candidate from being elected.

Nevertheless, the Defendant, who was another candidate for the head of the other B Gun, made a campaign speech for about four minutes, such as “C shall not make a marriage twice and Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun at around 14:00 on June 9, 2018 in order to escape from D.”

Accordingly, the defendant published false facts about D with a view to preventing D from being elected.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning F, G, and H;

1. Statement made to D by the police;

1. Investigation reports (verification of the authenticity of an election campaign speech);

1. The application of Acts and subordinate statutes as a result of the analysis of various digital evidence, and the results of detailed analysis, by capturing up a video CD or a picture to criticize the complainant and capturing a photograph, a photograph by cutting up a writing on the free bulletin board on each B-Gun website;

1. Relevant Article 250 (2) of the Public Official Election Act and Article 250 (2) of the Election Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Opinions on jury verdicts and sentencing under Articles 70 (1) and 69 (2) of the Criminal Act with respect to detention in the workhouse;

1. Written verdict on guilty of guilty charges: Seven persons;

2. 4 million won of a fine not exceeding 3 million won of the opinion on sentencing: Two persons of the suspension of sentence (the suspended sentence: fine not exceeding 2,500,000 won). The grounds for sentencing of two persons of the suspension of sentence (the suspended sentence shall be fine not exceeding 2,50,000 won).

1. The scope of punishment by law:

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