The case finding the defendant not guilty on the violation of the Act on the Election of Public Officials and the Prevention of Unlawful Election, on the grounds that the past records of the other party candidate in the election campaign material correspond to objective truth and are about public interest.

The case holding that even if the main purpose of the election campaign is to criticize the candidate, the illegality is dismissed in accordance with the proviso of Article 251 of the Act on the Election of Public Officials and the Prevention of Unlawful Election Act, on the ground that the phrase "a person who has driven away from office on 110,000 won in office because it is clearly stated that he is the person in charge of the collapse of sexual intercourse," which is published in the election campaign material, is consistent with objective truth as a whole, and that the past record of the candidate who has run for the election of public officials is an important material to determine his quality and eligibility as a candidate for the public service even if it is not directly related to the crime or corruption in the course of performing the previous public service.

Article 251 of the Act on the Election of Public Officials and the Prevention of Election Malpractice

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jae-young and 1 other, Counsel for plaintiff-appellant)

Defendant

Attorney Kwon Young-young

Daegu High Court Decision 96No538 delivered on December 3, 1996

The defendant is innocent.

The summary of the charges of this case is that the above 19th executive officer of the Seoul Special Metropolitan City's 10th election campaign site and the 19th executive officer of the 19th election campaign site were 7th election campaign site, and that the 1st executive officer of the 19th election campaign site was 10th election campaign site and the 1st executive officer of the 1st 4th 2th 2th 7th 2th 7th 196 election campaign site, and the 1st 9th 9th 1th 7th 2th 7th 2th 196 election campaign site was 4th 7th 7th 2nd 9 election campaign site. The defendant was 9th 6th 1st 6th 2nd 9 election campaign site, which was 1st 9th 6th 2nd 9th 2nd 6th 2nd 196 election campaign site. The defendant's above 9th 9th 1st 2nd 3 election campaign site.

According to the above facts, among the phrases inserted in the publicity materials of this case, the phrase "on the 110,000 won of office," which is "on the 110,000 won of office," is a somewhat exaggerated expression having a little difference from that of his resignation. However, as seen earlier, in light of the circumstances leading up to the withdrawal of the above Postal Information in the public opinion, it is consistent with objective truth as a whole. Further, even if it is not directly related to the crime or corruption in the course of performing the previous public office, the above past records of the candidate who is candidate for the public office, even though they are not directly related to the crime or corruption in the course of performing the public office, they become material to judge his quality and eligibility as a candidate for his public office, and even if the main purpose of the defendant criticizes the above Postal Information and Communications Assistance, it shall be deemed as a fact about the public interest.

Therefore, the defendant's above act does not constitute a crime under the proviso of Article 251 of the Act on the Election of Public Officials and the Prevention of Unlawful Election. Thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

Judges Lee Lee-soo (Presiding Judge) (Presiding Justice)