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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although there is a fact that the defendant posted the same article as the facts charged, the G was not for the purpose of preventing him from being elected to the Seoul Special Metropolitan City Mayor at that time, and it is not for the defendant to express his personal opinion on the history and morality of the above Seoul Metropolitan City candidate, not for the statement of facts, but for the purpose of expressing his personal opinion on the above Seoul Metropolitan City candidate's historical view and morality, the court below erred in the misapprehension of the fact that G had publicly known the fact
B. The court below's sentence of unfair sentencing (the fine of 500,000 won) imposed on the defendant is too unreasonable.
2. Determination
A. In regard to the assertion of mistake of facts, the defendant and the defense counsel in the original court have the same assertion as the grounds for appeal in this part, and the court below rejected the above assertion in detail, with the title "a. a statement of fact" and "whether the defendant and the defense counsel are recognized for the purpose not to be elected" under the title "a. a statement of fact" and "a.b. whether the purpose is not to be elected" in the judgment. In comparison with the above judgment of the court below, a thorough comparison with the records, the judgment of the court below is just and acceptable, and there is no error of law
Therefore, this part of the defendant's argument is without merit.
B. It is recognized that the Defendant’s instant act appears not to have a significant impact on the result of the election, etc.
However, the crime of this case was committed against the candidate for a specific Seoul market by pointing out facts on a conspicuous Internet bulletin board, which has a public influence to a certain degree, due to duplicating many and unspecified persons during a significant period of time during which the Seoul market election has not been left for. This is a democracy by borrowing freedom of the press.