No one shall distribute or post a document, etc. including details of support, recommendation, or opposition to a political party, candidate, or a person who intends to become a candidate, in accordance with the provisions of the Public Official Election Act, in order to influence the election from 180 days before the election day to the election day.

On August 28, 2007, at the office of the defendant of the above-mentioned B apartment C, Busan, on a computer, the defendant's title "F" was "F" on the bulletin board, "F". The defendant, if you express more accurately, he will do so on the G party candidate, if you do not reach the G party candidate's total support rate, and if you do so, he will not see that they will be too well-feasible. (m) They will do so. (m) at the 5th election site. (m) The candidate of the above-mentioned preliminary candidate and the above-mentioned preliminary candidate will not be H. The candidate will not be able to verify the above-mentioned preliminary candidate. (m) The candidate will be 7th election of the above-mentioned preliminary candidate and the above-mentioned preliminary candidate will not be H. The candidate will be able to oppose the public election of the Republic of Korea. (m) The candidate will be 5th election of the above-mentioned preliminary candidate and the above-mentioned preliminary candidate will be 1stured.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. A copy of a sign;

1. Each investigation report (to reply to a request for provision of communications data, to hear the identity of the persons under internal investigation and their telephone statements, and to confirm the characteristics of the site and the characteristics of the persons under internal investigation);

1. Application of each of the Acts and subordinate statutes requesting communication data;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 255(2)5 and 93(1) of the Public Official Election Act (Selection of Fines)

1. Aggravation for concurrent crimes;

Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (in the case of concurrent crimes with punishment prescribed in the Public Official Election Act due to posting of documents, etc. by the method of escape No. 6 of the list of annexed crimes, which is the most severe punishment)

1. The type to be suspended;

Fines 500,000

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act (in case of failure to pay the above fine, confinement of the accused in a workhouse for the period converted 60,000 won into one day)

1. Suspension of sentence;

Article 59(1) of the Criminal Act

Judgment on the argument of the defendant and defense counsel

In light of the National Election Commission's "Standards for UCC Operation" published on June 2007, Defendant and defense counsel asserted that Defendant is not guilty on the Internet site as above, as there are justifiable grounds for misunderstanding that Defendant's writing on the Internet site does not constitute a crime.

However, according to the data submitted by the defense counsel, the court below's mere statement of opinion and expression of opinion on the Internet are acknowledged to the effect that the act of writing on the Internet does not constitute a violation of Article 93 (1) of the Public Official Election Act. However, the above argument cannot be accepted in light of all circumstances, in light of the purport of indicating the fact and supporting I preliminary candidates and opposing H and N preliminary candidates, including the fact that the defendant misleads the defendant that his act does not constitute a crime, since there is a justifiable reason for misunderstanding that his act does not constitute a crime.

Considering the ripple power of the Internet in modern society with the reason of suspended sentence and sentencing, the act of this case by the defendant who posted a document on the Internet bulletin board in a manner that does not allow the Public Official Election Act to influence the election is unlikely to be likely to impede the fairness of the election and impede the reasonable judgment of the voters.

However, even if it is necessary to achieve the fairness of election, restrictions on the freedom of individual political expression should be limited to the minimum necessary extent. Although it cannot be deemed due to justifiable reasons, the defendant is deemed to have committed the crime of this case in the absence or lack of awareness of the remaining illegality which is believed to express his opinion within the scope of the freedom of political expression. The expression or content of this article appears to have led to the crime of this case in the absence of awareness of the illegality, it is not malicious or indecent, the bulletin board on which the defendant write his writing was opened on the personal block and on the website operated by the individual, and the public access to it is not high. After the defendant becomes aware that his act is likely to violate the Public Official Election Act, it is suspended to put this article on the above Internet site, the defendant has no criminal record, and the defendant has no other criminal record, and all other conditions that form the basis for sentencing as indicated in the records, such as the defendant's age, character and behavior, etc., and the sentence shall be suspended. It is decided as per Disposition.

Judges Nationwide

Judges Shin Jae-sung