beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misapprehension of legal principles: (i) the Defendant did not actively and actively appeal to support a specific candidate, but rather posted the information widely spread in the Internet space to the Defendant’s Facebook; (ii) such act does not constitute an election campaign as provided by the Public Official Election Act because it constitutes a simple statement of opinion and expression of intent on election, and (iii) the Defendant was on leave of absence as the head of Jeon school C, and is enjoying fundamental rights as a general citizen, and thus, the Defendant’s act of posting information on Pest, a private area, constitutes an act within the permissible scope under the Public Official Election Act. However, the lower court recognized that the Defendant was a public official, which was an election campaign. In so doing, the lower court erred by misapprehending the legal doctrine on election campaign, thereby adversely affecting the conclusion of the judgment. (ii) In view of the fact that the instant crime of unreasonable sentencing was committed by the Defendant, while on leave of absence, by misapprehending the legal doctrine on election campaign, it is unreasonable to punish the Defendant’s sentence against the Defendant
B. In view of the fact that the instant crime committed by the prosecutor was committed 28 times with an obvious intent to exercise a direct influence on the election, and that the case is significant and that there is a great need to punish the Defendant to prevent a public official from damaging his political neutrality, the sentence of the lower court’s sentence against the Defendant is too uneasible.
2. Determination
A. As to the Defendant’s assertion of misapprehension of the legal doctrine, the “election campaign” under Article 58(1) of the Public Official Election Act refers to an active and planned act that is objectively recognized for the purpose of promoting the election or defeat in the election of a specific candidate, as all acts necessary and favorable for the election or defeat in the election.