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(영문) 부산고등법원 (창원) 2012.11.09 2012노255
공직선거법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine regarding the crime of aiding and abetting a candidate, thereby adversely affecting the conclusion of the judgment, by misunderstanding the legal doctrine that the expression “I am going against the Twitter” in the article posted on the Twitter is merely a political expression of opinion, not a statement of fact. In the case of a statement of fact, “I am on the opposite response against the withdrawal and withdrawal,” and a statement of name of Msan-based civic groups published in 2002 linked to “I am on the opposite response against the withdrawal and withdrawal,” but it does not constitute a statement of fact, but it does not constitute a defamation against a candidate by pointing out a fact.

B. The misapprehension of the legal principles as to the grounds for the exclusion of illegality, which the Defendant posted the same article as that of the facts charged on Twitter, through the fact that D received opposition from the past Msan-based civic organizations, thereby giving the right holder to know that D is inappropriate as a candidate for a National Assembly member, thereby causing public interest to induce voters to exercise appropriate voting rights. In addition, the private interest of B candidates supported by the Defendant for B candidates supported by the Defendant was smaller than that of the above public interest, and therefore, the letter posted by the Defendant constitutes a crime of aiding and abetting a candidate.

Even if illegality is dismissed, the court below erred by misapprehending the legal principles that the defendant's preparation of the above notice is more important motive than the public interest, and thus the illegality is not dismissed, thereby affecting the conclusion of the judgment.

C. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. On April 11, 2012, the Defendant was a preliminary candidate in the 19th National Assembly member election campaigned on April 11, 2012, B’s website and website for B.

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