공직선거법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles) was the prosecution’s commencement of an investigation against the I candidate. However, in light of the fact that the Defendant, among the contents of the instant article, published false facts that “in the past cable, the J Party K member of the J Party’s Republic of Korea was seated” as a malicious expression, and that the article was distributed by the competition candidate along with the text message of the election campaign, the Defendant’s purpose at the time of committing the crime can be sufficiently recognized.
However, the lower court had the purpose of preventing the Defendant from winning the I candidate.
such terms cannot be readily concluded.
In conclusion, there is an error of misunderstanding of facts or misunderstanding of legal principles.
2. Determination
A. The summary of the facts charged is the reporter belonging to D in the sixth floor of the building Seoul Jung-gu Seoul Metropolitan Government, who is in charge of the duties of the head of politics.
A person who operates or manages broadcasting, newspapers, communications, magazines, or other publications, or a person who publishes, gathers materials, writes, or reports, shall not make a false report or make a false report on an election, with respect to an election, with the intention of causing a specific candidate to be elected or not to be elected.
Nevertheless, the Defendant, as the title "E" on the Internet homepage (D) around March 9, 2016, is under the direction of the F Party's competition among the candidates for the same political party as the F Party's advance notice of pressure on the 20 total lines.
In particular, there is no complaint or accusation against the counter-party candidates, and even the central office is requesting the prosecutor's office to investigate the case, and the election crime in the National Assembly has increased drastically.
In particular, F Party I of F Party I, who had a exit mark in Seoul H District, was a member of the National Assembly of F Party I of the Republic of Korea, who was suspected of providing money and entertainment, and the central election commission was a major flag while requesting the prosecution to file a recent accusation.
The first member was elected in the H constituency in the election of the 18th National Assembly member, but the name of the party at the time of the 19th election of the J party was L party in the last election.
K Assembly members and 20 p.m.