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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor 1 of the erroneous determination of facts, the court below found the defendant guilty on the violation of the Public Official Election Act due to the publication of false facts, although the court below found the defendant guilty on the violation of the Public Official Election Act due to the publication of false facts.
B. The lower court’s punishment (a fine of three million won) is too unreasonable.
2. Determination
A. The summary of the facts charged is that the Defendant: (a) registered as a preliminary candidate for the head of the Dong-dong Local Election E-Gu, on February 21, 2014, from July 1, 2010 to June 30, 2014; and (b) registered as a preliminary candidate for the head of the Gu/Si/Gun/Gu nationwide, from July 6, 2012 to June 30, 2014; and (c) registered as a preliminary candidate for the head of the F Party E-Si/Gun/Gu, on March 12, 2014.
No person shall publish any false facts with respect to any candidate, his/her spouse, lineal ascendant or descendant, or sibling, in a manner unfavorable to a candidate through a speech, broadcast, newspaper, communications, magazine, poster, propaganda document, or other means, with the intention of preventing him/her from being elected in connection with the intra
Nevertheless, the Defendant concluded that, at around 11:00 on March 19, 2014, at the chair office of the Incheon AJ E-Council located in the Incheon AJ, P, L,K,O, and J, etc., the head of the E-Gu, who is the Gu Council member, to consult about the commencement and date of the special meeting of the Gu Council at the 6:4 local election at this 6:4 local election, “The result of the current E-Gu public opinion survey on the suitability level of candidates for the head of the E-Gu AK F Party E-Gu, the head of the E-Gu, the head of the F Party E-Gu, the head of the F Party E-Gu, from among the candidates of the F Party, was the result of the public opinion poll at Grade 1 AL, Grade 2 A, Grade 3M, and Grade 4 AI.”
However, in fact, the results related to the candidate of the F Party E-head are as follows.