공직선거법위반
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant (Definite) did not have made a statement identical to that indicated in the facts charged of this case around April 7, 2014 and around April 9, 2014.
B. The prosecutor (e.g., a fine of KRW 5,00,000) of the lower court is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the lower court found the Defendant guilty of the instant facts charged by adopting a verdict of conviction based on the unanimous opinion by the jury through a participatory trial.
In light of the evidence duly adopted and examined by the court below, it cannot be deemed that the jury verdict was erroneous, and even if examining the evidence (Evidence No. 6-1 through No. 4) duly adopted and examined by the court below, it does not seem that there is a sufficient and reasonable reason to oppose the judgment of the court below.
Therefore, the judgment of the court below cannot be said to have erred by mistake of facts as alleged by the defendant.
Therefore, we cannot accept this part of the defendant's argument.
B. The instant crime against the prosecutor’s assertion of unreasonable sentencing is that the Defendant published false information about the candidate for the defeat of the candidate for the competition, and thus, it would prejudice the fairness of the election by impeding the fair and correct judgment of the voters, and thus, the Defendant’s liability for the instant crime is not somewhat weak.
Nevertheless, the defendant is consistent with the attitude to avoid liability rather than seriously resisting one's own mistake, and the circumstances after the crime are not good.
On the other hand, the dissemination of the false facts in this case was conducted for a small number of other parties in a relatively limited place, and the frequency thereof is only twice.
The defendant has no record of criminal punishment except for the punishment sentenced to a fine on account of the crime of this species.
In addition to these circumstances, the sentencing indicated in the records of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime.