In a case where a newspaper carrying articles containing unfavorable contents for a candidate for an election of a National Assembly member has been published more than the number of ordinary publication copies and distributed them to a political party district party that was not a party of ordinary distribution place, and where a large number of newspapers were distributed in previous distribution places, the case holding that the newspaper carrying articles for an election is distributed by means other than ordinary methods, and it violates the Election of Public Officials and Prevention of Unlawful Election Act.

In a case where a newspaper carrying articles containing unfavorable contents for a candidate for an election of National Assembly member was published more than the ordinary number of copies published and distributed to a political party party that did not have a place of ordinary distribution, and where a large number of newspapers were distributed in the previous place in addition to the previous one, even though the defendant had some intent to increase the number of copies published due to the advertisement acceptance, the defendant's act was distributed in a way other than a normal method, and it constitutes a crime of violation of Articles 252 (1) and 95 (1) of the Act on the Election of Public Officials and the Prevention of Unlawful Election.

Articles 95(1) and 252(1) of the Act on the Election of Public Officials and the Prevention of Election Malpractice

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Doz., Counsel for plaintiff-appellant)

Defendant

Defendant

Seoul High Court Decision 2000No1981 delivered on September 26, 2000

The appeal is dismissed.

The grounds of appeal are examined.

1. According to the reasoning of the judgment below, the court below found, based on its evidence, that the defendant published the newspaper of this case containing articles unfavorable to the non-indicted party who is a candidate for a National Assembly member election, and the defendant published the newspaper of this case 3,000 to 5,000 copies, and the number of copies published reached 13,000 copies, and distributed a large number of newspapers in addition to the new distribution to the district of free democracy, where 2,000 copies were newly distributed to the free democracy, which was not a party who was not a party of ordinary distribution, and in light of this, even if there were some intent to increase the number of copies by advertising, the defendant's act was distributed by means other than the ordinary method of publishing articles about the election, and it constitutes a violation of Article 252 (1) and Article 95 (1) of the Act on the Election of Public Officials and the Prevention of Unlawful Election. In light of the records, the court below's fact-finding and judgment is justified, and it cannot be justified as a part of the defendant's grounds for appeal.

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

Justices Cho Cho-Un (Presiding Justice)