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(영문) 부산고등법원 (창원) 2017.01.11 2016노410
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s scope of the trial in this Court is to reverse the floor of the instant case’s charges to which the portion of the instant charges “I wish to obtain good opinions from the C development” was transferred to the prison. Not less than reliance on the belief

The court rendered a judgment not guilty on the ground that the candidate slanders the portion of “numbing” in the closure of L Hospital, but the prosecutor indicated the scope of the appeal in the petition of appeal as “wholly” but only stated the “unfair sentencing” on the ground of appeal, and did not state any grounds for appeal as to the part not guilty of the grounds for appeal. Therefore, the prosecutor’s appeal as to the portion of the grounds for not guilty is not separately determined, except to dismiss the appeal.

2. The summary of the grounds for appeal is unreasonable because the sentence (700,000 won in penalty, 700,000 won in penalty) imposed by the court below against the defendant is too unfasible.

3. The crime of this case was committed by the Defendant on two occasions, with a view to preventing the Defendant from winning the Kakao Stockholm election, which slandered E in the Kakao Stockholm group holding room for the purpose of preventing the Defendant from being elected. The nature of the crime is inferior. The Defendant’s crime is likely to interfere with the fair and reasonable judgment of the candidate, thereby impairing the fairness of election, and is disadvantageous to the Defendant.

On the other hand, this article, posted on the defendant's holding room, appears to have a high risk of slandering, and it is difficult for members of the Kakao Stockholm to display comments on the characteristics of the Kakao Stockholm room to confirm the passage of time. Therefore, it seems that the writing posted by the defendant did not have a significant impact on the holder of the right. Although the defendant did not properly confirm whether it is true, it is favorable for the defendant to write a notice by referring to some suspicion articles about E in daily newspapers.

In addition, the above circumstances and the defendant's age, sex, environment, and motive for committing the crime.

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