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(영문) 서울고등법원 2013.09.26 2013노2098

공직선거법위반

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of posting the instant article by mistake of facts or misapprehension of legal principles, did not have the intention to prevent a candidate from winning the H candidate, and the content of the article was written as a whole or there was considerable reason to believe that the Defendant was a fact-finding, and the lower court convicted the Defendant of a part of the facts charged. In so doing, the lower court erred by misapprehending the facts or by misapprehending

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 2.5 million won) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles, the lower court, first of all, finds the existence of the objective of preventing the Defendant from winning the instant text, ① the Defendant was posted at the time of leaving the presidential election for a period of two months before posting the instant text, ② the instant article was in competition with G candidates and H candidates at the time of holding the presidential election for a short period of two months, ③ “H returned to money” posted at the Gara bulletin board, “I have no choice but to know that the past is a fluorous and fluorous life related to money,” and “I have no choice but to say that it is a fluorous and fluorous fluorous fluorous fluort,” and “I have to have no more pride and pride in society,” such as “H’s fluort fluor fluor fluor fluor fluor fluor fluor fluor,” and “I have no longer made the existing st of society.”.