공직선거법위반
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) Although the Defendant did not make a statement to D to support E in the election of B/Gun as stated in paragraph 1 of the facts constituting the crime in the lower judgment, the lower court found Defendant guilty of this part of the facts constituting the crime.
B) In fact, the Defendant’s speech and behavior is a conversation or courtesy speech and behavior that can be divided into two parts: (a) the Defendant received text messages or made conversations around the instant case; (b) the Defendant did not pay or promise the remuneration for election campaign to D; and (c) there was no fact that the Defendant received a proper report on election campaign from D. In other words, the Defendant did not engage in an active and planned act that can be objectively recognized for the purpose of promoting E’s election; (b) the Defendant’s act committed against D does not constitute an election campaign; (c) Nevertheless, the lower court convicted the Defendant of this part of the crime, even though the Defendant was divided into two parts of private dialogues with D, and did not divide the two parts of the conversation with D, but did not divide the two parts of the conversation with D, or took part in any act related to his duties, and it does not affect the Defendant’s status or right to direct and supervise the duties, which is the senior police officer assigned for special guard, and thus, the Defendant cannot be deemed to have engaged in an election campaign to D using his status as a public official.
Nevertheless, the lower court found the Defendant guilty of this part of the facts constituting an offense, thereby misapprehending the legal doctrine on the use of the status of public officials.
2. The purport of misunderstanding of facts concerning the crime No. 3 of the judgment of the court below and misunderstanding of legal principles that the defendant made N to N was not to help E to conduct an election campaign like the crime No. 3 of the judgment of the court below
The defendant gives N a part of personnel affairs.