The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

Summary of Grounds for Appeal

The sentencing of the court below (10 months of imprisonment) is too unreasonable.

Judgment

The crime of this case is a case where the defendant publishes false facts to prevent the victim J from being elected at the competition in the Hparty I market and the I market election, and such false facts are published, thereby impairing the honor of the victim L/J.

The Public Official Election Act aims to contribute to the maintenance and development of democratic politics by ensuring that public elections, which are the basis of democratic politics, are held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to the election.

In particular, the violation of the Public Official Election Act of the publication of false facts for the purpose of abortion is likely to cause a serious result to mislead the choice of voters in an imminent election as well as to bring about a significant result to bring about a significant violation of the public interest, even though the last suspicion is revealed to be true, it is necessary to impose more strict criminal liability.

In addition, the defendant is still unable to receive a written indictment from the victim L and J until the trial is held.

However, it is necessary to consider the following favorable circumstances in determining the defendant's specific punishment.

The Defendant is an initial criminal who had no record of committing a crime prior to the instant case.

While the Defendant is detained for about four months after the pronouncement of the lower judgment, he/she received the legal evaluation of the crime of this case as indicated in the lower judgment, and seriously reflects his/her mistake.

In addition, it seems that there is no risk of recidivism, such as violation of the Public Official Election Act, because it has completed a master's degree program of the Z graduate school in the current school and has continued to be able to lead a life as an educator in the future.

The crime of publishing false facts for the purpose of the abortion in this case.