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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
A. Since there was a justifiable reason to believe that the Defendant was closed by K Assembly members of the Republic of Korea, there was no perception that the writing posted on the Twitter, etc. was false, and it was merely required to restore the original state to the original state to his Twitter, and it was merely an expression of an opinion of criticism that included the contents of the K Assembly members, which was merely an expression of an opinion of criticism, since it was cut off, there was no purpose to prevent the Defendant from being elected as a candidate for a National Assembly member.
B. The sentence imposed by the lower court on the Defendant (six months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unreasonable.
Judgment
A. As to the assertion of mistake of facts or misapprehension of legal principles, the lower court, on the grounds as indicated in its reasoning, determined that there was a perception that the Defendant posted false facts on the Twitter, and that the Defendant’s publication was false, and that there was a perception that the candidate could not be elected in the National Assembly
In light of the circumstances as shown in the reasoning of the court below acknowledged by the evidence duly adopted and examined, the court below continued to publish a letter that is concluded as a fact beyond the cruel flag without any personal examination procedure, without any objective basis, and without going through a verification procedure, and the defendant's notice "I am going to go to the 4th place, so I am going to do so. I am to am going to the ambling machine cut off with the direction Hambbl with H candidate support." (No. 63) in light of the contents of "I ambling the ambling machine cut off with the direction Hamblbl" (No. 63), the defendant was trying to carry out a campaign for the defeat of the K candidate, along with the campaign for the defeat of the K candidate's election, the above judgment of the court below is justified, and the above defendant's assertion is without merit.
(b).