공직선거법위반
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) Although there was a misunderstanding of the facts or misapprehension of the legal principles as stated in the facts constituting a crime in the judgment of the court below, Defendant 1 did not recognize that the reporter was false even if it was false.
In addition, the illegality of the defendant's act is excluded because it is for the public interest.
Nevertheless, the court below found the defendant guilty of violating the Act on the Election of Public Officials, and there is an error of law by misunderstanding the facts or misunderstanding the legal principles as to the grounds for excluding illegality under the proviso of Article 251 of the Act on the Election of Public Officials.
2) The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment and two years of suspended execution) is too unreasonable.
B. The Seoul High Court of Seoul High Court cited the application for a ruling on the crime of slandering candidates, not the case subject to the application for a ruling, and the prosecution on the crime of slandering candidates should be dismissed on the ground that the indictment procedure is invalid in violation of the provisions of law.
However, the court below found the defendant guilty on this part. The court below erred by misapprehending the legal principles on the election law for public office.
2. As to the Defendant’s wrongful assertion of sentencing as to the prosecutor’s allegation of reasons for appeal, the prosecutor’s argument to the same effect as the prosecutor’s allegation of reasons for appeal (see, e.g., Supreme Court Decision 29
(a) If an application for the issuance of a complaint is in violation of the legal form or is groundless, the application is dismissed by a ruling (Article 262(2)1 of the Criminal Procedure Act). When an application for the issuance of a complaint is in violation of the legal form, "if the applicant is not the complainant or accuser, the applicant fails to meet the requirements stated in the application for the issuance of a complaint."
(b) An application for adjudication is governed by law;