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(영문) 수원지방법원 안산지원 2012.10.26 2012고합345

공직선거법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, around March 1, 2012, referred to as “selective and elementary school graduates” in the B Examination Skknife column as the title “PSkknife” and “PSkknifeing an elementary school graduates and attempting to go to the election is not an example to voters, and that all elementary school graduates have been made up of the past, or disregarding the voters.” A candidate who moved to the election has been employed for 8 years in Gyeonggi-do, but has yet to graduated from the elementary school. At this time, he wanted to be a candidate who was going to go to the election of the National Assembly members for the purpose of distributing the knife for the election of the National Assembly members by preparing and distributing the knife for the purpose of preventing the candidate from going to the election of the National Assembly members for the 19th National Assembly members.”

2. The summary of the Defendant’s assertion was that the Defendant engaged in a newspaper knife as described in the facts charged. However, since the above contents indicated in the knife are true facts and are related to the public interest, the Defendant’s act is dismissed from the illegality.

3. In the case of the crime of aiding and abetting candidates under Article 251 of the Public Official Election Act, if the alleged facts are consistent with the truth and are related to the public interest, illegality is excluded pursuant to the proviso of the same Article. The alleged facts here are consistent with the truth.

Even if there is a little difference in the detailed or somewhat exaggerated expression, it is sufficient that the important part is consistent with objective facts when examining the overall purport of the contents, and when it is about public interest, it is objectively related to public interest in light of its contents and nature, and it is also public interest.