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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is difficult to see that the facts alleged in the instant e-mail as a whole are consistent with the facts, and the Defendant’s act focuses on emphasizing images such as illicit corruption, etc. to G not from e-mail origin, thereby sending e-mail for private interest and thus cannot be deemed as pertaining to the public interest. However, the lower court erred by misapprehending the legal doctrine on the grounds for denying illegality stipulated in the proviso of Article 251 of the Public Official Election Act, and thereby acquitted the
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged (attached Form 1 omitted) shall not slander a candidate by openly pointing out facts by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, etc., with the intention of getting elected or getting another person elected or not to be elected.
Nevertheless, on April 10, 2014, from around 08:19 to 08:51, the Defendant had access to his e-mail account (H) using his own computer for the purpose of preventing from winning the G, a preliminary candidate who is the F Party candidate of the F Party in the 6th nationwide provincial election market, from being elected from the “E” located in the e-mail city from around 08:19 to 08:51, the Defendant had access to his e-mail (H), and then had access to the e-mail of the e-mail of the s
In relation to the Commonwealthm of the Swealthm market, we have the right to speak why it is why we will be dynasty to the market.
The author does not know why from among many candidates, he is going to the chemical market on the ground that he did not go to the place where he was born, and that he did not go to the chemical market before he was born.
Until now, either person from the head of the Si or Gun has not been punished by imprisonment with prison labor for acceptance of money and valuables.
However, the G preliminary candidates who are considered as the first priority among the preliminary candidates for the chemical market is the second priority, and the G preliminary candidates are the second priority.