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Reasons
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(영문) 서울고등법원 2019.02.14 2018노3365
공직선거법위반
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All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to indirect and circumstantial evidence adopted by the lower court, the fact that the Defendant installed and posted a banner as stated in the facts charged on May 4, 2018 can be acknowledged.

The judgment below

There is an error of misunderstanding of facts or misunderstanding of legal principles in the acquittal part.

B. The punishment (one million won of fine) imposed on the Defendant by the lower court is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts and misapprehension of the legal principles, the lower court held that the banner posted on May 4, 2018 (hereinafter “5.4 banner”) was the same.

(1) The Defendant’s contents are placards posted at the same place on May 3, 2018 (hereinafter “5.3 banner”).

Considering that only one of them is colored and the content is identical, the defendant

5.4.Placardss suspected of not putting up a banner, but the accused.

5.4.4.No direct evidence supporting the fact that a banner was posted, and in light of the following circumstances acknowledged by the evidence adopted by the court below, the evidence submitted by the prosecutor alone is alone.

5. 4. The Defendant determined that it was not proven to the extent that there was no reasonable doubt that she posted a banner. The Defendant consistently with the investigative agency.

5.3.Placardses, while recognizing that they have been posted,

5.4.Placards denies that it is not posted by itself.

B. First, the Defendant

5.4.In spite of the denial by an investigative agency of a crime relating to one's banner.

5.3.A different respect for a banner.

5.4.No circumstance can be found in respect of a banner that is confirmed through CCTV on the posted person, time, etc.

C.

5.4.Placardss:

5. 3. The same content is identical with a banner, but rather rather than with a lease, it is difficult to readily conclude that only the Defendant, by itself, can be written to an investigative agency.

5.3. Related to the printing of cliflaps.

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