공직선거법위반
All appeals by the defendant and the prosecutor are dismissed.
The gist of the grounds for appeal is as follows: (a) the Defendant, misunderstanding the fact that he was the Defendant, was living for the 20th National Assembly member election (hereinafter referred to as the “instant election”) of the 20th National Assembly member election (hereinafter referred to as the “instant election”); (b) G and H, the former head of the F Gun, and H, in comparison with the Defendant’s assertion of opposing the consolidation into AB election districts in the AB election district in the constituency of the A election district, send P, Q, S, and AC
The defendant was supported by the method of participating in the election campaign, and the former M&N also supported himself by sending human resources to participate in the election campaign.
Therefore, since the Defendant received support from G, H, and N in the instant election, the fact that the Defendant published as stated in the lower judgment is not false.
Even if the defendant made a false publication as stated in the judgment of the court below, in light of the above circumstances, there was no awareness that the defendant was false.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
The punishment sentenced by the court below against the defendant (the punishment amounting to five million won) is too unreasonable.
The sentence imposed by the court below against the defendant is too uneasible and unfair.
Judgment
"False facts" referred to in Article 250 (1) of the Act on the Election of Public Officials, which is not consistent with the truth, is sufficient to have the identity of the elector to the extent that the elector can cause accurate judgment on the candidate.
However, when examining the purport of the entire content of published facts, if the important part is consistent with objective facts, it cannot be viewed as false facts even if there is a little or exaggerated expression about the detailed part.
Whether or not any expression expresses false facts is general.