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(영문) 광주고등법원 (전주) 2016.11.29 2016노172
공직선거법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the facts charged of this case, which erred by misapprehending the legal principles and affected the conclusion of the judgment, even though it is difficult to find that the content of the text message of this case cannot be readily concluded as false, and that the Defendant was aware of the falsity of the content

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination:

A. 1) The lower court determined that the Defendant was guilty of the instant facts charged on the grounds that, in full view of the circumstances as indicated in the lower court’s reasoning acknowledged by the evidence duly adopted and investigated, the Defendant published false facts, and that the Defendant could sufficiently recognize the falsity of the text messages of this case. 2) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s aforementioned determination is just and acceptable, and there is no error as alleged by the Defendant. In so doing, the lower court did not err by misapprehending the legal doctrine. (A) The Defendant believed that, at the time of preparing the instant text messages, the Defendant reported the contents of the newspapers regarding the criminal records of the Hparty I candidate’s criminal history, and believed that the Defendant was a fact of reporting the contents of the newspapers regarding the Defendant’s punishment to the H Party’s criminal history at the time of preparing the instant text messages. On March 206, 2006, the contents of the newspapers that the Defendant was admitted to the Defendant’s admission of the first preliminary candidate at the time of KRW 150 million.

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