공직선거법위반
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Summary of grounds for appeal;
A. Fact-misunderstanding 1) The Defendant contributed to the formation of J by accepting the object of the G development project from the International public invitation in 2015 G market price (hereinafter “instant public invitation”) as “J development project.”
Under the phrase “J creation” or the phrase “J creation” cannot be said to be a false statement in which the Defendant’s achievements were written (hereinafter “instant publication”).
However, the lower court erred by misapprehending the fact that the Defendant’s act of publishing the instant case constitutes the publication of false facts on the premise that the publication was false.
2) The Defendant contributed to the formation of the G marketJ
In mind, there was no perception that the publication of this case was written in ordering the publication of this case, or was published on the Internet homepage and page, and thus published false information.
Even so, the court below, by misunderstanding the fact, published false facts by publicly recognizing that the Defendant’s publication of this case was false.
The lower court erred.
B. The punishment sentenced by the lower court to the Defendant (the penalty of KRW 800,000) is too unreasonable.
2. Judgment on the Defendant’s assertion of mistake of facts
A. 1) The phrase “a false fact” as referred to in Article 250(1) of the Act on the Election of Public Officials refers to a matter that is inconsistent with the truth and that is sufficient if the elector has the structure to the extent that it can make an accurate judgment on a candidate. Whether an expression of false fact is to be made or not shall be determined on the basis of the overall increase of the expression made by the elector, on the premise of an ordinary method that the general elector connects with the expression, comprehensively taking into account the overall purport, objective contents, the ordinary meaning of the used words, the ordinary meaning of the words, and the connection method of the door-gu.