공직선거법위반
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) In fact, the misunderstanding of the legal doctrine, the Defendant, even before entering the NGun’s government offices, apartment buildings, commercial buildings, event sites, or news gathering places, had a 20 to 30 examination and distributed them in the form of paperless.
The act of distributing a newspaper No. 178 on January 7, 2016 (hereinafter “Examination No. 178”) around January 12, 2016 is nothing more than 20 percent of the National Assembly member’s personal information and event site, and the contents of the newspaper lost objectivity. The contents of the newspaper lost objectivity.
It can not be seen, and the article that I selected as an excellent legislative member and the article that I posted the I's name related to the addition of rice does not constitute an article related to the election.
Therefore, the act of installing the newspaper No. 178 at the entrance of the event site at the above briefing session does not correspond to the "distribution by any means other than ordinary methods", and the defendant did not intend to commit a crime as to the fact that the newspaper No. 178 was published, or that the newspaper No. 178 was distributed by any means other than ordinary methods.
Nevertheless, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous in the misunderstanding of facts and legal principles.
2) The lower court’s sentence (an amount of KRW 3 million) against an unfair defendant in sentencing is too unreasonable.
B. In light of the following: (a) the publication date of the newspaper No. 179 on January 28, 2016 (hereinafter “Examination No. 179”) was close to the publication date of the newspaper No. 178; and (b) the publication was enforced upon investigation conducted by the NGun Election Commission on January 16, 2016, the Defendant was also intended to distribute the newspaper No. 179 by means other than ordinary methods.
may be appointed by a person.
Nevertheless, the judgment of the court below which acquitted the defendant on the violation of the Public Official Election Act by distributing the method other than the ordinary method as to the newspaper No. 179.
The contents of newspapers No. 178 and 179, composition of newspapers, and election day.