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(영문) 대구고등법원 2019.01.31 2018노586
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant’s text messages that slander the J, a candidate for K market (hereinafter “instant text messages”).

Since L, which ordered the sending of the instant text message, used as a stimuliously a threat of ordinary assault and words, the Defendant also saw the same fear that if L is not as L is used, it would cause a threat to his body by taking a bath and forcing the Defendant, and the Defendant is not liable for the Defendant as he sent the instant text message which slanders J by force without any choice as L’s instructions. 2) Moreover, since part of the content of the instant text message sent by the Defendant is consistent with objective truth, it cannot be deemed as a content of slandering J, and there was no purpose that the Defendant could not be elected in the K market election.

3) Nevertheless, the court below found the Defendant guilty of the crime of aiding and abetting candidates, and there is an error of law by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the defendant argued that the judgment of the court below is identical or similar to the grounds for appeal, and the court below rejected the defendant's assertion that the defendant's "act was forced" on the ground that it cannot be deemed that the defendant sent text messages that slandered the candidate by "in intimidation that does not have any way to prevent harm to the life and body of himself or his relatives," and as to the allegation that "the defendant did not have any purpose to prevent the election," the defendant sent text messages.

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