공직선거법위반
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In light of the legal principles, the Defendant did not recognize that the content of the article posted in the facts charged (hereinafter “instant notice”) was false, and there was no purpose to prevent D candidates from being elected.
Therefore, the lower court erred by misapprehending the legal doctrine, thereby convicting the facts charged.
B. The sentence that the court below sentenced to the defendant [the punishment amounting to 2.5 million won, the detention in the workhouse (one-day conversion 100,000 won), and the provisional payment order] is too unreasonable.
2. Determination:
A. The lower court, on the grounds that the Defendant alleged to the effect that it did not err by misapprehending the legal doctrine, explained detailed circumstances in detail from 16th to 5th 9th 9 of the judgment, with regard to the Defendant’s assertion on the grounds that the instant notice was false, and thereby, deemed that the Defendant had the intention to prevent the Defendant from being elected in the 19th 19th presidential election.
The defendant's argument was rejected.
원심이 설시한 사정에 다가 원심이 적법하게 채택하여 조사한 증거들에 의하여 인정할 수 있는 다음과 같은 사정, 즉 ① 이 사건 게시 글의 첫머리에 ‘ 참 기가 막힙니다.
It is possible to leave this author to the country.
D The full text of this letter sent to North Korea F in Section E
In addition, even if the part of the notice of this case is read, it could easily be seen that D candidates fall under the category of articles that could see North Korea or see North Korea (Evidence No. 6 pages). ② Although the Defendant had been able to put the notice of this case into “C Dode” before being put in the “C Dode,” the Defendant puts up the notice of this case on the 19th presidential election day (Evidence No. 4,60 pages) at the time when the 19th presidential election day remains, the Defendant’s contents are false at the time of sharing the notice of this case.