공직선거법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of four million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The prosecutor’s indictment of false facts by publishing false facts is an abuse of the right of prosecution in violation of the constitutional spirit guaranteeing the freedom of expression, solely on the ground that the extremely apparent part among the facts published through the publication of false facts is extremely different from the objective facts.
The facts that the defendant published are nothing more than the main part, but only the main part is different from the objective facts.
The defendant was confirmed to be true, and there was no doubt that there was any part different from objective facts among them, and there was no negligence that the defendant was aware of.
B) According to Article 58(1) of the Public Official Election Act, the term “election campaign” under the Public Official Election Act refers to “an act of being elected or getting another person or not to be elected.” In light of such provisions, the subject of the election campaign ought to be deemed to be limited to “a person that may have an influence on the relevant election” as a matter of course. Therefore, in a case where a public prosecution is instituted against the fact that a person who sent text messages to other residents outside the constituency or by sending text messages to the residents outside the constituency, the subject of the election campaign should be deemed to be limited to “a person who is a electorate or has an electoral relation with the electorate.” However, the written indictment of this case does not contain such a statement, and even if not, the part of the indictment of this case is invalid in violation of the relevant statutes, and even if not, the part of the indictment sent text messages to those who are not electorates, it is too unreasonable that the Defendant’s fine (3 million won) sentenced by the
B. Prosecutor 1) misunderstanding of facts (the acquittal part of the judgment of the lower court is compared with the press media covering the whole country.