beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. In a case where only the defendant filed an appeal against the judgment of the court prior to the remanding that acquitted or convicted the part of the concurrent crimes under the former part of Article 37 of the Criminal Act, the part of the acquittal is separately determined, and in a case where the Supreme Court accepted the appeal against the conviction as well as reversed and remanded it, the scope of the judgment of the court prior to the remanding is limited to the reversed conviction. Thus, the scope of the judgment of the court prior to the remanding is limited to the judgment of the court prior to the remanding (the remaining part excluding the part No. 1 of the judgment of the court below).
2. Summary of grounds for appeal;
A. The court below erred by misapprehending the legal principles that the Defendant posted the same article as the attached list No. 7 of the judgment of the court below in H constitutes an election campaign, but the court below erred by misapprehending the legal principles that the above act did not constitute an election campaign.
B. The lower court’s sentence of unreasonable sentencing (the suspended sentence on one million won of a fine) is too uneased and unreasonable.
3. Determination
A. According to the evidence duly adopted and examined by the court below, the court below's summary of the judgment of the court below 1 on the assertion of misapprehension of the legal principles (the violation of the Public Official Election Act No. 7 in the annexed list of crimes in the judgment of the court below) is likely to lead to a link between newspaper articles of "AH" and newspaper articles of "AH" in the same manner as the annexed list of crimes No. 7 of the judgment of the court below, and among the contents of newspaper articles, AG's idea that "AG" political parties will change the vision or country to which country should go.
It is recognized that the government's policy is taken or the previous policy is remaking." However, the above newspapers are interviewed with AG to the effect that the economic pledge of L party is better than the economic pledge of the K Party.