Attorney C, D, AZ, BA, BB

A. On May 4, 2014, the Defendant directly read the contents of L’s articles, and received reports from the employees, and led them to the publication of the election campaign bulletin in a state where he is well aware of the contents.

B. In light of the above fact-finding process where the Defendant did not have the sovereignty or citizenship of the United States, and did not have any record of volunteer activities more than 500 hours per year, there was no qualification as G, and the Defendant did not have submitted the Defendant’s public data at the Defendant or E-Gun office, the Defendant’s Switzerland did not have any doubt as to the authenticity of the above G, but did not have any doubt as to L’s above suspicion. However, in light of the above circumstances, the Defendant’s publication of the election campaign bulletin shall be made by force, despite L’s above suspicion. Considering the above circumstances, it shall be deemed that the Defendant had dolus negligence that the instant G could be fake at least at the time of publication of the election campaign bulletin. Nevertheless, the lower court acquitted the Defendant of the facts charged on the ground that the Defendant did not have any conclusive intention as to false facts. Accordingly, the lower court erred by misapprehending

2. Determination

A. Summary of the facts charged

The defendant registered as a candidate for E-Gun in the 6th nationwide local election implemented on June 4, 2014 and won in the election.

No person shall publish false facts with respect to his/her place of birth, status, occupation, career, property, personality, act, organization, etc. in favor of the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, etc., with the intention of being elected or having another person elected in an election. Around July 27, 2012, the Defendant awarded the said G in favor of an organization that confers GH level by means of re-U.S. F. However, the qualification of G is limited to a U.S. citizen or a legitimate permanent resident, and adult is limited to a person with a legitimate permanent resident, and is eligible to receive the said level in one year, and the Defendant has to engage in volunteer activities for at least 50 hours in a year in waters, but the above G (Volunitte), the Defendant did not have any effect on the water level and the water level of the said G (H level).

Nevertheless, on May 23, 2014, the Defendant stated the water quality of "G" in Chapter 35,221 of the book-type election for the above local election E-Gun E-Gun election, and submitted it to the E-Gun election commission, and had the said election commission distribute the above election campaign bulletins to the E-Gun electorate during the period from May 24, 2014 to May 25, 2014, thereby publicly announcing false facts about the candidate for the purpose of election.

B. The judgment of the court below

1) Whether the defendant's G award is false

First, the lower court determined that the important part of the Defendant’s award did not coincide with objective facts in full view of the circumstances that can be recognized by the evidence duly adopted and investigated by the lower court as to whether the Defendant’s G award was false or not.

2) Whether the Defendant was aware of the falsity

Then, according to the evidence submitted by the prosecutor, the court below held that the court below held that it was difficult to find that the defendant was unable to prove that the defendant was guilty at the time of submitting the above facts to the E election commission, on May 23, 2014, stating the fact that "GH level was a kind of certificate awarded to a permanent resident or citizen of the United States meeting certain service hours, which is a kind of certificate that the defendant was given to the permanent resident of the United States or permanent resident of the Republic of Korea, and that "G is not entitled to receive the lowest class of 100 hours, which is the lowest class of 10 hours, since the defendant was not entitled to volunteer service." On February 4, 2015, 2015, despite the fact that the court below was duly adopted and it was difficult to find that the defendant was guilty of the fact that the defendant was false at the time of submitting the above facts to the E election commission.

[Judgment of the court of original instance]

① First of all, L has published a majority of articles that are friendly to the Defendant, and the Defendant: (a) was aware that L had no monitoring or reporting on the contents of the media; (b) was excluded from the duties of the head of the Gun after the report of L on May 4, 2014; and (c) was stated that L did not receive a related report from the employees of the Gun; (d) M did not report L to the Defendant; (b) there was no data that the Defendant would have taken active preventive measures against L’s above articles; (c) there was no data that the Defendant would have taken active preventive measures against L’s above articles; (d) there was no direct confirmation of facts against the Defendant. In light of the following, it is difficult to readily conclude that the Defendant had been aware of the contents of the report at the time of the report.

② Although G is under the supervision of the J, it appears that the authentication body registered with the J directly selects the winner and award prizes after obtaining the qualification from the J. In order to be registered as a authentication body, G is required to undergo a notification by e-mail after completing the Internet instruction program of the J and submitting the support document, and the J requires the authentication body to verify its water qualification. The number of the authentication body is not less than 28,000 and not less than one of the authentication body, and the K Association is one of these authentication bodies. In the event of a complex G award structure, barring special circumstances, it is difficult to find out that the number of winners was 20,000,000 won before a short time and after 20,000,000 won and later 20,000 won and more than 16,000,000 won and more than 20,000 won and more than 16,000,000 won and more than 26,014,00.

(3) Even if the defendant had been aware of the facts or contents of such reports in any circumstance whatsoever, since the defendant served as the head of E/Gun in 2006.

(6) On March 9, 2009, it is difficult for the Defendant to have received honorary citizens' certificates from California N, and the Defendant continued to engage in considerable voluntary activities, such as organizing, and continuing to engage in activities within the E-Gun, and the Defendant would have received G 1's recommendation from Q2, the president of the Association around July 2012. It is difficult to view that the Defendant would have received G 4's true and efficient delivery of e-mail to the Republic of Korea, and that it would have been difficult for the Defendant to believe that there were no genuine and efficient delivery of 1's e-mail to the K Association's 1's 2's e-mail, and that there was no possibility that the Defendant would have received 1's e-mail delivery of 4's e-mail as well as 1's e-mail delivery of 1's e-mail to the K Association's 2's e-mail.

C. The judgment of this Court

1) The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on the evidence of probative value that makes a judge sure that the facts charged are true enough to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant is inevitable (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2010Do9633, Nov. 11, 191).

2) We look at the following circumstances, which can be recognized by the evidence duly adopted and examined by the court below, it is difficult to view that the defendant, at the time of submitting to the election commission, was aware that the defendant was not true, but was aware that the defendant was false, or could have been aware of the fact that the defendant was not true, at the time of submitting the small election campaign bulletins to the election commission, by entering the fact of G trees into the small election campaign bulletins, and there is no error of misconception of facts, such as the prosecutor's assertion.

① The Defendant criticizes the Investment Agreement with the U.S. BD company through the article as “BC” as of March 27, 2012, and criticizes the Defendant and the U.S. juryBF with the article as “BE”. The Defendant thought that LU reporter was preparing a biased article against the Defendant by using a very elective phrase as of January 28, 2014, “BG” without specific contents, and thus, it is highly likely that the Defendant would not have any need to monitor the articles in L or to take daily response in view of a normal article.

According to the Internet news (BH) of April 24, 2013, the Republic of Korea reported that BI won won awarded TG for volunteer activities through the "BJ" activities in Korea, and according to the contents of the starting point of this article, Korea's BK and BL also stated that BK and BL were awarded this award, and Internet news (BM) of October 4, 2012 reported that BN students continued to perform their duties of mutual exchange with Korea through active volunteer activities at the time of visiting the Republic of Korea by the U.S. representative, and that BN students were awarded the above G through the recommendation of the G Committee by the G Committee after deliberation by the certification institution (the above article stated that BO and BP were awarded the above award). In light of the above status of G's award, it appears that the above GN students' recommendation can be deemed to be legitimate even if the above GN students continued to meet the above requirements.

③ Since the Defendant had already been on approximately 250 occasions while serving in the 2nd civilian E head of the Gun, and received approximately 250 prizes, there was no practical need to add a new water content. In order to award the instant G, the Defendant did not first contacted or requested the K Association (the president R), the ten federation (the president P, the executing members Q, and the total F), and there was no fact that the said organization provided any substantial benefit to individuals or individuals for the purpose of winning the said G.

3. Conclusion

Since the prosecutor's appeal is without merit, it shall be dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Gin Sung-ju

Judges Yang Young-hee

Kakao Stockholm to the effect that the organization is recommended by F and that it is confirmed that it was sent letters and G listings through the organization on its behalf.

The message was sent.

2) On August 9, 2014, F sent to M the e-mail accompanied by the letter of confirmation issued on August 1, 2014 by the president of the K Association. The letter of confirmation sent “SIFF” to M.

The contents of "AK' that the G Association, which is a certification body for G, has issued to K in July 2012, as a certification body for G, as a certification body for G, is confirmed."

At the same time, R's names and signatures are made.