공직선거법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
Summary of Grounds for Appeal
This article is merely an expression of personal opinion, not an expression of fact but an expression of fact on the Internet bulletin board by mistake of facts or legal principles.
There was no intention to slander a specific preliminary candidate or not to be elected.
The defendant's writing's act of posting is excluded from illegality according to the proviso of Article 251 of the Public Official Election Act.
The punishment (fine 2.5 million won) imposed by the court below on the defendant is too unreasonable.
On the other hand, the court below rejected the above assertion by the defendant in detail under the title "the judgment on the defendant and his defense counsel's assertion" in the judgment of the court below, which states that the defendant's assertion is identical to the grounds for appeal of this case. In light of the evidence and legal principles, a thorough examination of the judgment of the court below in light of the evidence and legal principles, the judgment of the court below is proper and there is no error
In light of the fact that the crime of this case on the assertion of unfair sentencing is related to the privacy of the candidate without any grounds, in light of the fact that the crime of this case is likely to undermine the fairness of the election pursued by the Public Official Election Act by hindering the fair and reasonable judgment of the candidates of the public due to strong propagation by the Internet media and the disclosure of the public, and that the indecent and malicious expressions that may seriously damage the personality of the candidate, and that the contents of the defamation are related to the privacy of the candidate without any grounds.
However, it is against the fact that the defendant's mistake by excessively passing through or using stimulative expressions is against the result of the election, that the defendant's act does not have any influence on the result of the election, that the defendant has no power of the same kind, and that the defendant suffers from depression and alcohol dependence.