(영문) 춘천지방법원 영월지원 2018.02.22 2017고합34

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 영월지원 2018.02.22 2017고합34

공직선거법위반

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Judgment on the primary facts charged

A. The summary of the facts charged is the reporter B.

The defendant tried to post a false result of public opinion poll in the defendant's G account for the purpose of having the defendant elected the E candidate supported by the defendant in the D election conducted on the day C and preventing the remaining candidates such as the F candidate from being elected.

On April 29, 2017, at around 19:29, the Defendant posted a false result of the Defendant’s G account (I) with the Defendant’s smartphone in the Defendant’s residential area located in Gangwon-gun, the Defendant posted a false result of the Defendant’s G account “: (i) 35% of the Defendant’s 1st J public opinion, 28% of the 2nd E, 25% of the 3rd E, 25% of the L Public Opinion, 40% of the 1st E-2% of the 2nd E-2%, 3rd E-2%, 21% of the 4th M 11%, and 3% of the 5th N.

As a result, the Defendant published false facts for the purpose of preventing the remaining candidates except for E candidates, such as F candidates, from being elected.

B. Determination 1) The burden of proof of intention or objective, which is a subjective element of the crime against which a public action was brought, is to be borne by the public prosecutor. The conviction is to be based on evidence with probative value, which leads to a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt about the defendant's guilt, it is inevitable to determine the defendant's interest (see Supreme Court Decision 2007Do7205, Nov. 16, 2007, etc.). 2) According to the evidence duly adopted by this court, according to the evidence duly adopted by this court, the defendant has been enrolled as a party member of the old O political party (the current P party and the party belonging to the E candidate), the support rate of the E candidate continues to increase even before posting the same article as the facts charged on the Defendant's G account, it can be acknowledged that there is a clear fact that the E candidate continued to have been elected.

However, in full view of the following circumstances that can be recognized by the record:

참조판례

-대법원 2007. 11. 16. 선고 2007도7205 판결

유사 판례

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