공직선거법위반
The judgment below
The acquittal portion shall be reversed.
The sentence of sentence against the defendant shall be suspended.
The facts charged of this case.
1. Scope of the judgment of this court;
A. 1) The court below found the defendant not guilty on the grounds that "the defendant posted the same writing as the list of crimes in the annexed sheet six times for the purpose of preventing him from being elected and published false facts to be disadvantageous to H" only expressed his opinion, and that the remaining part (number 2, part 6 of the annexed sheet) is not a publication of fact, and sentenced the defendant to a fine of KRW 2,50,000,000,000,000,000,000,000 won. 2) The prosecutor appealed against the judgment of the court below, and the court below dismissed the prosecutor's appeal on the grounds that it is not guilty of the publication of false facts in the annexed list of crimes Nos. 1, 3, 4, and 5 of the annexed list of crimes for the same reason as the judgment of the court below.
3) The prosecutor appealed the entire judgment of the appellate court, and the Supreme Court received the prosecutor’s appeal as to the publication of false information Nos. 4 and 5 of the annexed crime list No. 5. Meanwhile, the part of the conviction by the lower court was determined separately from the part of the acquittal because the Defendant and the prosecutor did not appeal all, and the part of the acquittal was reversed and remanded only to this court.
B. The scope of the instant court’s judgment was determined as to the violation of the Public Official Election Act due to the publication of false facts in the part Nos. 2, 6 of the annexed crime list among the charged facts in the instant case, and the scope of the judgment after remand is limited to the violation of the Public Official Election Act due to the publication of false facts in the part 1, 3, 4, and
2. Summary of grounds for appeal;
A. The judgment of the court below which acquitted the Defendant of this part of the facts charged, even though it was found that each article Nos. 1, 3, 4, and 5 of the misunderstanding of facts in the annexed crime list Nos. 1, 4, and 5 of the misunderstanding of facts is a conclusive expression that the H candidate was dead.