공직선거법위반
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. Summary of grounds for appeal;
A. In light of the contents, place, method, etc. of each of the notices listed in the list of crimes (hereinafter “each of the instant notices” and each of the respective notices is referred to in the sequence of crime list), the Defendant’s act of posting each of the instant notices is merely an act of daily use, and it is difficult to view it as an act objectively revealed for the purpose of promoting a certain person’s election or defeat.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely determining that each of the instant posting acts constituted an election campaign.
B. The prosecutor (e.g., fine of KRW 700,00 and the order of provisional payment) of the lower court is too unfilled and unfair.
2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles
A. The summary of the facts charged is that the Defendant, a public elementary school teacher, was unable to engage in an election campaign. On April 2016, the Defendant carried out an election campaign in the same manner eight times from March 2016 to April 2016 in the Internet B’s own account, by sharing and posting the photograph of “I ambibibibibibibibibibibibibibiiiiiiiiiiiiiiiiiiiiiiii)” and “I ambibibibibibibibibibibibibibibiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiien in D where I would 9% of the political party
B. The Defendant’s posting of each of the instant notices constitutes an election campaign, which is objectively recognized by the objective purpose of promoting the defeat and election of a specific candidate in the election of the 20th National Assembly member in light of the general elector’s perspective, by comprehensively taking into account the following circumstances acknowledged by the evidence duly adopted and examined by the lower court.
On the other hand, each of the instant notices violates social norms.