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(영문) 서울고등법원 (춘천) 2019.08.28 2019노112

공직선거법위반

Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The main contents of the article written by the Defendant related to the violation of the Public Official Election Act due to the publication of false facts under paragraph (1) of the criminal facts as indicated in the judgment of the court below are as follows: H demanded H to post a resignation and a banner on June 1, 2018, and F to post a banner with consent of F; and “F has carried a banner in one’s own money.” However, in fact, H demanded F to post a resignation and a banner and caused F to post a banner with consent of F. As such, even if F did not post a banner on one’s own money, it constitutes only a little difference in part, and as a whole, it constitutes an important part when considering the overall facts, and thus, it does not constitute a violation of Article 250(2) of the Public Official Election Act. The portion of the article written by F to the public official election Act, which did not constitute a false fact in violation of Article 250(2) of the Public Official Election Act, and the part of the facts charged did not constitute a false fact in the election 20.

Even if the above article is against the F's spouse, the above article is true and is related to the public interest, so the defendant's act is excluded from illegality in accordance with the proviso of Article 251 of the Public Official Election Act.