[1] The meaning of "distribution" under Article 95 (1) of the Public Official Election Act

[2] Whether posting a letter on an Internet website links the Internet address in which a newspaper article is stored or copies of a newspaper article specialist to attach it to the Internet address, whether it constitutes a case where newspapers, etc. under Article 95(1) of the Public Official Election Act were distributed (negative)

[1] Article 95 (1) of the Public Official Election Act / [2] Articles 95 (1) and 252 (1) of the Public Official Election Act

[1] Supreme Court Decision 2000Do1696 Decided January 25, 2002 (Gong2002Sang, 621) Supreme Court Decision 2009Do1938 Decided May 14, 2009 (Gong2009Sang, 951)

Defendant

Prosecutor

Busan High Court Decision 2010No839 decided December 1, 2010

The appeal is dismissed.

The grounds of appeal are examined.

The act of distributing articles under Article 95 (1) of the Public Official Election Act refers to the act of delivering newspapers, etc. carrying articles related to the election to many and unspecified persons or delivering newspapers, etc. to a certain person individually under special circumstances that could anticipate that they will be delivered to an unspecified or unspecified person (see Supreme Court Decisions 2000Do1696, Jan. 25, 2002; 2009Do1938, May 14, 2009, etc.).

According to the reasoning of the judgment below, the part of the facts charged of the violation of Article 95 (1) of the Public Official Election Act among the facts charged of this case is that the defendant links the Internet address (URL) where the article of March 8, 2010, a daily newspaper, was stored or copied and attached to the article of this case, at the bottom of the title "I need to hear the flag of the non-indicted," written and posted on the world "htp" (htp:/www.know.go.go.r.) of the Internet website, as shown in the facts charged.

Examining this in light of the aforementioned legal principles, the Defendant’s posting his/her comments on the Internet website, which merely indicates the web location information of newspaper articles stored in the Internet web page or website, etc. on the Internet website, cannot be deemed as a case where the Defendant’s posting of his/her comments, or copying and attaching a newspaper articles specialist cannot be deemed as a case where he/she distributes newspapers, etc. as provided in Article 95(1) of the Public Official Election Act.

In the same purport, the court below is just in maintaining the judgment of the court of first instance that found this part of the facts charged not guilty, and there is no error of law by misapprehending the legal principles as to Article 95 (1) of the Public Official Election Act, as otherwise alleged in the grounds of appeal. The allegations in the grounds of appeal as to this issue and the remaining grounds of appeal

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee In-bok (Presiding Justice)