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(영문) 서울고등법원 2019.02.14 2017노900
공직선거법위반
Text

The judgment below

The guilty part shall be reversed.

Of the facts charged in the instant case, entry Nos. 3, 5, 7, 9 of the [Attachment] list of crimes.

Reasons

1. Summary of grounds for appeal;

A. Based on its stated reasoning, the lower court found the Defendant guilty of violating the Public Official Election Act in this part, on the ground that: (a) the act of posting each notice listed in the separate sheet Nos. 3, 5, 7, and 9 (hereinafter referred to as “each of the instant notices”; and (b) each of the notices listed in the separate sheet constitutes an election campaign; and (c) the act of posting each notice constitutes an election campaign by the sequence of the separate sheet of crimes; and (d) the Defendant committed a violation of the Public Official Election Act.

However, in order to constitute an election campaign, it should be the sole purpose or at least the primary intention of a specific candidate or political party to make up for this part of the notices. ② The mere sharing of the notices without attaching a separate opinion in light of the functional characteristics of E is a means to store another person’s notices, and it cannot be readily concluded that the defendant, who was interested in the issue of ordinary political society, has expressed his/her opinion or dissenting opinion. ③ The act of sharing the press articles, etc., which are one of the interested parties, is within the scope of ordinary use, and thus, it cannot be viewed as an election campaign.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, on the charge of violating the Public Official Election Act.

B. In light of the contents of this part’s notices, the timing and method of posting, etc., the act of sharing each notice Nos. 1, 2, 4, 6, and 8, which the lower court found not guilty on the ground that it does not constitute an election campaign by mistake of facts or misapprehension of legal principles, constitutes an active and planned act to promote the election of the candidates for Z political parties or the defeat of the candidates for

Nevertheless, this part of the facts charged is the violation of the Public Official Election Act.

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