공직선거법위반
All appeals filed by prosecutors and defendants are dismissed.
In the case of notices Nos. 1, 4, 9, and 12, which are listed on the summary of the grounds for appeal (misunderstanding of facts, and misunderstanding of sentencing), the opposing intent to the specific political party and the opposing objection to the support of the specific candidate is confirmed, and in the case of notices listed on Nos. 10 and 13, it is an election campaign because there is confirmation of the opposing intention to support the specific candidate who is likely to run in the future with the content on the success.
Since the defendant has continuously shared the above notices through North Korea with high propagation, it is recognized that the purpose of election campaign is same, and since the above notices are continuously posted with other notices recognized as guilty, they constitute a series of election campaigns.
The punishment of the lower court (amounting to KRW 700,00) that is unfair in sentencing is excessively unhued.
Defendant (misunderstanding of facts, misunderstanding of legal principles) ① North Korea has the character of private space as well as the character as a social space.
② At the time of the Defendant’s accession, the Defendant’s establishment of the basis for the disclosure of notices was made up of “the entire disclosure,” and thus, the basic establishment is maintained as is, insofar as the publication does not change into “child-only” or “herb”. The Defendant merely maintained the establishment of the notice disclosure subject to the initial disclosure, but does not change into “the entire disclosure.”
③ Since the Facebook does not provide a separate storage function, the Defendant used the function of sharing other person’s notices for the purpose of storage in order to find another person’s notices later.
(4) A notice exposed to Pests of Pestes North Korea, if any, shall be written on the comments and “Pests”.
As determined in proportion to “the number of pages”, all posted materials shared by the Defendant are not exposed to New SPP.
Therefore, the defendant is merely used in accordance with the ordinary usage of Pins North Korea, and there was no intention to transmit jointly-owned notices to others.