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Defendant
All appeals filed by A, B, C, and E and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
In light of the fact that the Defendants distributed the instant leaflet in a systematic manner at a time prior to the election day, etc., the Defendants constitute a crime of aiding and abetting candidates, even though the Defendants constituted a crime of aiding and abetting candidates, on the grounds that the Defendants constitute a crime of aiding and abetting candidates, because they constitute a case where the private interest is recognized as an important motive to criticize and support the candidates rather than a public interest to provide correct information to the electors.
The sentence of the lower court against the Defendants (Defendant A: fine of KRW 2 million, and KRW 500,000,000 for the remaining Defendants) is too unhued and unreasonable.
Defendant
The sentence of the court below A, B, C, and E is too unreasonable.
The summary of this part of the facts charged as to the prosecutor's assertion of the misapprehension of the legal principles is that Defendant A made a leaflet that slanders the above I by using newspaper articles related to drinking driving, etc. of the above I for the purpose of not winning the I candidate who was the candidate of the head of Gwangju Gu, and made it possible to spread it through election campaign workers. On June 1, 2014, Defendant A prepared a leaflet that slanders I on June 1, 2014 and copied 300 copies of 300 copies, and shown that Defendant B, C, D, and E, who is an election campaign worker, carried out drinking driving twice or twice within 6 months, and the property was 1.7 billion won or more per year, and the south is exempted from the service of public interest, and the south is informed to the residents of such contents.
However, it is not possible to inform that I does not comply with TV discussions.
H Candidates have limitations to their affiliation, so long as they do not notify this, they should spread a reproduced leaflet.
No distribution may be made to inform residents of the content of the election campaign, because it is not distributed to inform the people of that content;
When distributed.