2019Do13004 A. Violation of the Public Official Election Act

(b) Information and Communications Network Promotion Act;

half (Defamation)

A person shall be appointed.

Defendant

Gwangju High Court Decision 2019Do84 decided August 22, 2019

November 15, 2019

The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant of the facts charged in this case, and maintained the first instance judgment that sentenced the Defendant to a fine by treating the offense of violation of the Public Official Election Act and the offense of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) arising from the violation of the prohibition of election campaign by a person who is unable to carry out an election campaign No. 3 No. 6 of the attached list of crimes in the first instance judgment as an election criminal. Examining the reasoning of the lower judgment in light of the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on election campaign exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, “election campaign” prescribed in the Public Official Election Act, “election campaign” prescribed

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

Justices Kim Jong-soo

Justices Lee Ki-taik

Note Justice Park Jung-hwa-hwa et al.