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(영문) 대구고등법원 2016.09.22 2016노421
공직선거법위반등
Text

1. Of the convictions of the lower judgment, the part of the lower judgment regarding the charge of injury, insult, general traffic obstruction, and acquittal shall be reversed.

2...

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts or misunderstanding of the legal principles (the violation of the Act on Election of Public Offices) was found guilty of violating the Act on Election of Public Officials, but the court below erred by misapprehending the legal principles as follows.

A) On September 11, 2015, the Defendant stated that “the Defendant was investigated by the Committee on Election Management at the request of F, a member of the Committee on the Management of G Election,” and thereafter, there was an official question from the Election Management Committee, but did not confirm the contents of X phone calls.

The Defendant thought that X’s speech that there is no problem is the same as “no suspicion,” and received notification of suspicion.

Since the report was made, the defendant did not have the awareness that the above article was false, and there was no intention to publish false facts (Article 1-A-2). (2) The defendant accused the G branch office of the Daegu District Public Prosecutor's Office and received an investigation by informing F of the fact that the defendant was about the investigation of the witness by the prosecutor's investigator, and he thought that the summons investigation of F, the defendant, who was the defendant, was conducted by the investigator of the public prosecutor's office, was conducted by hearing the statement that he was about the investigation by the prosecutor's investigator, and that the person who was investigated also told the same purport.

Therefore, it was true that the defendant had no intention to publish false facts (Article 1-2(1)(b) and (3) of the criminal facts in the judgment of the court below) that the defendant had continuously posted articles related to F. However, this is merely merely to punish F and news articles as a truth and intentionally disadvantageous to F.

The fact is that the article that is advantageous to K is not a room, that is, F was present at the opening ceremony of AC, and that it is true that the defendant and the member of the National Assembly at the time when IO were called as AC adviser.

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