공직선거법위반
The judgment below
The guilty portion shall be reversed.
The defendant is not guilty. The defendant is dismissed.
The above judgment of innocence.
1. Summary of grounds for appeal;
A. The Defendant (Definite or misunderstanding of legal principles)’s act of posting in this case is one of his interest in ordinary political and social issues, and the Defendant simply shares political-related articles or temporarily changes his profin photographs, which is not an active and planned act that can be objectively recognized for the purpose of promoting the success of a specific candidate, only one of the acts of use in daily D.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby deeming the Defendant to constitute an election campaign.
B. Prosecutor 1) In light of the fact-finding or misunderstanding of legal principles, the part where the Defendant shared the K’s campaign posters and photographs of the candidate F, which is the campaign posters and photographs of the candidate F, which belongs to the 20th National Assembly member Seoul National Assembly member, on two occasions, is directly related to a specific political party or specific candidate, and the notice is at the time of posting a specific election, and the content of the notice directly appeals for support, it is evident that the purpose of election campaign is for external and objective purposes. Nevertheless, the lower court erred by misapprehending the facts or misapprehending of legal principles, thereby adversely affecting the conclusion that the above part does not constitute an election campaign. (2) In so doing, the lower court’s sentence of unfair sentencing (a fine of KRW 500,00) is too un
2. Determination
A. Decision 1 on the Defendant’s assertion of mistake of facts or misapprehension of legal principles 1) The summary of the facts charged is a state public official who is a middle school teacher and is unable to conduct an election campaign as a state public official. A) The Defendant’s election campaign-related party-related party-related party-related election campaign, around 08:38, on March 24, 2016, shared a DNA bulletin, “Cparty” in the name of the Defendant at the time of the Government-Si on April 13, 2016, and, around 00:58, by means of the Defendant’s registration of the said bulletin on the Defendant’s professional pen.