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(영문) 서울고등법원 2015.05.15 2015노555
공직선거법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles: (a) on March 2, 2014, the Defendant sufficiently confirmed the facts through the source of coverage, etc. in preparing the instant article “J” containing the content that “E head of the Gun would have followed H weather and reported to the police with respect to the instant case that was reported to the police by the N PP candidate due to the N PP’s early behavior from the E candidate, etc.

② The lower court acknowledged the fact that there was L and Q, not E’s steering car, on the P&M vehicles reported by N, but it erred by misapprehending the fact.

③ In addition, the defendant had no intention to make the article of this case known to be false or not elected to the election.

B. The sentence imposed by the lower court on the Defendant (fine 2.5 million won) is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts and misapprehension of legal principles in the court below's argument that the defendant had the same purport as the grounds for appeal in this part, and that the article of this case did not conform to objective facts or that there was no intention or election for disclosing false facts to the defendant, the court below rejected the defendant's argument by clarifying the detailed reasons under the title "determination of the defendant and the defense counsel" in the court's decision. 2) The court below, in relation to the confirmation of the defendant's factual relations, stated in the investigation agency that "the defendant tolds that "I are on board E as a result of confirmation of the police officer's dispatch" as to the preparation of the article of this case from N, L, and E, but V was not directly a party to the case, and H candidate was not at the place at the time of reporting to the police. Nevertheless, the defendant prepared the article of this case without taking any verification procedure with N, and E as well as N, L, and it was acknowledged that the defendant prepared the article of this case.

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