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(영문) 서울고등법원 2013.10.31 2013노1906
공직선거법위반
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the grounds for appeal contains a majority of false facts among the contents of the article posted by the Defendants, and even when indicating such facts, G candidates and their father are used as an indecent expression and thus slandering them. However, the judgment of the court below which acquitted the Defendants on the grounds that the important part is consistent with objective facts and its purpose is related to the public interest, is erroneous in the misapprehension of facts or in the misapprehension of relevant legal principles, which

2. We examine ex officio the original judgment in accordance with the amendment of indictment, and the prosecutor applied for the amendment of indictment with the contents of the indictment in this case as stated in the following 3 paragraph (a) at the trial court. Since the case was changed by this court's permission, the original judgment cannot be maintained further.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, as the ground for ex officio reversal exists.

3. Determination of the changed facts charged

A. The summary of the revised facts charged; 1. Defendant A posted the same article as indicated in the attached Table, using the Defendant’s house located in the Seocho-gu Seocho-gu Seoul Special Metropolitan City Police Officer D 102 on the Internet website as “F” on the bulletin board following the Internet website, at the Defendant’s house located in the Seocho-gu Special Metropolitan City Police Officer D 102.

Accordingly, the Defendant slandered G by openly pointing out facts with a view to preventing candidates for the 18th presidential election from being elected.

2. At around 16:00 on November 12, 2012, Defendant B published the comments posted by A, as described in paragraph (1), using the Internet site as the clinic called “N”, at the office of the Defendant in the third floor of Yongsan-gu Seoul Metropolitan City LA building.

As a result, the defendant set forth the fact publicly for the purpose of preventing the candidate G from winning the 18th presidential election.

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