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(영문) 서울고등법원 2014.02.06 2013노3446

공직선거법위반

Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts or misunderstanding of legal principles have expressed his opinion on social issues in the past, and the act of the Defendant is merely an expression of opinion or simple opinion that prevents and balanced reporting a specific candidate in the extension line, and thus does not constitute an election campaign. However, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

(2) The sentence imposed by the lower court (the suspended sentence and deferred fine of KRW 800,00) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. “Election campaign” under Article 58(1) of the Public Official Election Act refers to an active and planned act that is necessary for the election, votes, or defeat of a specific candidate, and that is objectively recognized by the intent of promoting the election or defeat of a specific candidate. As such, in determining whether an act constitutes an election campaign, it should be determined simply by observing not only the name of the act, but also the form of the act, i.e., the place, method, etc. of the act in question in a comprehensive manner to determine whether the act is an act accompanying the purpose of promoting the election or defeat of a

(see, e.g., Supreme Court Decision 2011Do5344, Oct. 27, 2011). B.

Attached Form

The following circumstances acknowledged by the evidence duly adopted and examined by the court below at least 1 to 18 of the list of crimes: ① The articles posted this part of the comments are dealt with the controversy over G party and the death penalty, the current status of the bereaved family members of G party, and the historical recognition of K candidate's G party case, and comments posted by the defendant.