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(영문) 수원지방법원 성남지원 2013.05.23 2013고합21

공직선거법위반

Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The facts charged in this case

A. Defendant A used the name “F” on the Internet bulletin board of “F” at the Defendant’s home located in Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City, on November 2012, using the title “B” on the Internet site “F”. Defendant A posted the “GN” on the 1st day to J according to the nature of H, I superior, and then lived with K promptly in order to live independently. At the time of a war from the Japanese military department, Defendant A was on the 1st day to the 1st day, and later, Defendant A posted it on the 1st day to the 2nd day of the election of the 2nd day of the 2nd day of the election of the 1st day of the 1st day of the 20th day of the election of the 1st day of the 1st day of the 2nd day of the election of the 1st day of the 2nd day of the 1st day of the 2nd day of the election of the 1st day of the 2nd day of the 2nd day of the 1st day of the election. day of the 1st day of the 1st day of the day of the day. day of the day. day of the day. day. day.

As a result, Defendant B slandered G by openly pointing out facts with a view to preventing candidates for the 18th presidential election from being elected.

2. The Defendants asserts that the illegality of the instant notice is excluded in accordance with the proviso of Article 251 of the Public Official Election Act, since the Defendants’ assertion is true and is related to the public interest.

3. Determination

A. Even if a candidate’s act falls under the main sentence of Article 251 of the Public Official Election Act, it is unlawful in accordance with the proviso of the same Article when the alleged facts are true and are related to the public interest.