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(영문) 서울고등법원 (춘천) 2019.08.28 2019노90
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The Prosecutor’s summary of the grounds for appeal (the factual error, the misapprehension of the legal principle) written the Defendant’s “G” (hereinafter “instant books”).

Since the defendant did not engage in any act that could be recognized as creative of editing, he/she does not have the copyright of the compilation work as a person involved in the editing of the books of this case.

Therefore, even though the Defendant expressed the Defendant as the “consumed” or “consumed” of the instant book, it cannot be said that the Defendant “consumed” the instant book, and furthermore, it cannot be said that the Defendant was “consumed” or “consumed” of the instant book.

Therefore, the portion clearly expressed by the Defendant as “contribute”, “contribute” or “contribute” is obviously inconsistent with the truth.

In addition, in light of the general meaning of “the author” or “the author,” Defendant’s experience and knowledge, purpose of holding a publishing commemorative meeting, etc., the Defendant was fully aware that false facts are published.

2. Determination

A. The summary of the facts charged is that the Defendant was elected as a candidate for B party C in the 7th nationwide City/Do local election on June 13, 2018.

No false facts shall be published or announced in favor of a candidate (including a person who intends to become a candidate) through a campaign speech, broadcasting, newspaper, communication, magazine, poster, propaganda document, or any other means, in respect of the place of birth, family relation, status, occupation, career, property, act, organization to which the candidate belongs, support from a specific person or specific organization, etc. of the candidate, his/her spouse, lineal ascendants or descendants, or siblings, shall be favorable to the candidate.

On January 2017, the Defendant, along with D, intended to publish books to raise the Defendant’s political recognition, and only part of the form of “F” Plaintiff who was in possession of E upon introducing E, a publishing business entity, from D.

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