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The judgment below
We reverse the acquitted portion on the violation of political funds law.
Defendant
B A. fine of 900,000 won;
Reasons
1. Judgment on Defendant A’s misunderstanding of facts and misapprehension of legal principles
A. 1) The prosecutor related to the publication of the false facts in the facts of the crime No. 3 as indicated in the judgment below did not prove that the article concerning this part of the charged facts posted by the defendant is false.
Even if this article is false, the Defendant did not have awareness of the falsity since he believed the content of CV article as a fact.
Therefore, the judgment of the court below that found the defendant guilty of this part of the facts charged is erroneous.
2) The time when the Defendant posted articles of paragraphs 1 through 4 of the criminal facts stated in the judgment below in relation to the publication of false facts in paragraphs 1 through 4 of the criminal facts as stated in the judgment below is transferred to a party of AA, and at the time, AB was in the position to participate in the election to be elected from the intra-party competition.
Thus, the purpose of preventing the Defendant from being elected in the 20th election for the National Assembly member, which is a "election for public office", was to prevent the Defendant from being elected in the 20th election for the National Assembly member.
shall not be deemed to exist.
Therefore, Article 250 (2) of the Public Official Election Act, which regulates the facts charged in this part of the facts charged, cannot be applied to the "public announcement of false facts for the purpose of preventing the election from being elected". Thus, the court below erred by misapprehending the legal principles, which found the guilty of this part of the facts charged, by applying this provision.
B. 1) According to the evidence duly adopted and examined by the lower court, the following facts are acknowledged in view of the content of the facts alleged by the Defendant, as stated in the lower judgment, (a) concerning the publication of false facts in Paragraph 3 of the crime
① On September 8, 2015, CV posted the following articles concerning the disbursement of the party membership fees of AA as the title “Council members’ oil price of KRW 25 million, and policy development cost of KRW 8.2 million,” (Investigation Records No. 177-180 pages), and discovered very peculiar disbursement cases instead of (Omission).
AB (former Z).