beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal cannot be deemed to slander a candidate by pointing out facts, and the text message of this case is for the public interest of selecting a candidate suitable for the correct judgment of the voters, and is not for using computer and computer-based technology, but for sending text message in the cell phone itself, but for sending text message, the court below convicted the defendant of all the charges of this case based on misunderstanding of facts or misunderstanding of legal principles.
2. Determination on the grounds for appeal
A. In full view of the following facts and circumstances acknowledged by the evidence duly admitted by the court below as to the violation of Article 251 of the Public Official Election Act, the court below's judgment that found the defendant guilty of this part of the facts charged is just and there is no error of misconception of facts or misapprehension of legal principles as alleged by the defendant.
① On June 3, 2014, from around 16:00 to 21:45, the Defendant sent text messages to 420 electors, including electors, etc., and the text messages in question include the following: “The candidate was suffering from a high disease.” When the text messages were integrated into several years, the Defendant’s accusation was made against the prosecution by stealing three organizations, and the today’s complaint was made by stealing the name of three organizations, and the name of some organizations was written again without permission.”
② On August 27, 2013, H posted the name, etc. of three social organizations (former Branch of the Association for Persons with Disabilities with Disabilities, the Association of GGun Persons with Disabilities, the Federation of Persons with Disabilities, and the G-Gun Fisheries Community) in G-Gun at the end of a book stating that he/she is opposing the integration of J and G-Gun, and then sent the name, etc. to the prosecutor’s office as criminal facts, such as impairing the honor of the chairpersons of the said three social organizations by distributing it.
(3) H shall be June 3, 2014.