공직선거법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The defendant posted an article that could have been falsely seen due to the misunderstanding of facts, and there was no intention to publish false facts to the defendant, and there was no intention to make G and H candidates not elected.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.
2. Determination
A. (1) The judgment of the court below ex officio prior to the judgment on the grounds for appeal by the defendant of the amendment of indictment, and the prosecutor applied for the amendment of indictment to the first sentence of Paragraph (2) of the facts charged in the instant case as follows. Since the above court changed the subject of the judgment by permitting it, this part of the judgment of the court below cannot be maintained any further.
(2) On March 28, 2012, the Defendant: (a) prepared articles such as the date and time and place mentioned in the preceding paragraph; and (b) transmitted articles to “P”, a Internet media company that shares articles in alliance with D; and (c) made employees belonging to “P” who may know that the articles were false, attached the title of “P” news society; and (d) written the title of “P Party and Jung-gu decision on Support for the Candidate Day of the Openest K Camp; and (e) published the article in the office of the Jung-gu, Jung-gu, Jung-gu, Seoul, Seoul, in March 9, 2012, the candidate and H (HM) sent to the general line of Sungnam-gu, Sungnam, Seoul, to the effect that the article of the Central Party should be jointly and severally posted on the Internet. However, on March 9, 2012, the candidate should be jointly and severally consulted.
(2) Meanwhile, the scope of reversal and the remaining convictions of the lower judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act.