공직선거법위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged in this case is that the Defendant was a candidate for the G constituency in the 7th simultaneous local elections conducted on June 13, 2018 at the 7th National Assembly Members B (hereinafter “instant election”) among the local elections conducted on June 13, 2018, and was killed and wounded, and E was a candidate for the G constituency to which the F Party belongs, and was elected.
On June 9, 2018, the Defendant, using the Defendant’s portable phone in front of H 15:44, sent to I a photograph taken at the same gender as the Defendant using the Defendant’s portable phone (hereinafter “the instant photograph”) along with E and B’s J at the drinking place (hereinafter “the instant photograph”), and then sent I a phone to I, who called “I would become a City Council member”;
Does it be known to sexual intercourses;
He said that he was “Non’s knowledge of what he would be.”
As a result, the Defendant slandered the candidates by openly pointing out facts with the aim of preventing them from winning the E, which is a candidate of the Si Council.
2. Although the defendant's assertion of the facts charged by the defendant and his defense counsel has committed the same act as the entries in the facts charged, it is true that it is an act for the public interest as well as a behavior for the public interest, and it is not for the purpose of slandering the candidate E, and thus, illegality is excluded by the proviso of
3. Determination
A. The phrase "a statement of fact" in the main text of Article 251 of the Act on the Election of Public Officials means a report or statement of a specific past or present fact in time and space, and the content of a statement means that it can be proven by evidence. In distinguishing a fact or authorization of an opinion, the ordinary meaning and usage of a language, possibility of proof, the context in which the expression in question was used, the context in which the expression in question was used, and the overall circumstances, such as the fact-finding, should be considered, and if the expression in the opinion and a statement of fact are mixed, it shall be determined in light of the overall circumstances.