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(영문) 광주고등법원 2012.09.27 2012노278

공직선거법위반

Text

1. The judgment of the court below against Defendant A is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

. against the Defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year and six months of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles as to the competition campaign (A) or assertion that it does not constitute a crime as to the competition campaign (hereinafter “the crime of original judgment” and “marketing”)

) The lower court convicted the Defendant on the premise that the act was conducted for an election campaign or was related to the election, although the act in this part is not an act for the competition campaign or for the competition campaign because it was an act for the competition campaign or for the competition campaign.

(B) The Defendant alleged that he was not aware of the source and distribution of the fund or that he was not a contributor [Article 3(3) of the original judgment (the provision of money and valuables related to election campaign, contribution by a third party, election campaign-related money and order for the provision of money and valuables related to election campaign)] was only the Defendant made a statement to the effect that the organization of the head of C and D is required to be organized, and that he did not know how much and how the fund was distributed, and that the Defendant is not

(C) The assertion that it is merely an act of preparing the competition (in violation of Paragraph 2 (2) of the original judgment) / The act of encouraging the recruitment of the competition group in mobile voting is merely an act of preparing the competition campaign, not an act of competition campaign.

(D) The assertion that an election campaign is not an election campaign (Article 7 (7) of the original decision) is not an election campaign (Article 7 (7) of the original decision) but a statement to the same purport was made at the date and at the same place as the Defendant’s decision,

(2) The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

C. Defendant C (1) misunderstanding of facts and misunderstanding of legal principles (A) , etc. (the establishment and use of similar institutions, establishment of private organizations, and election campaign) in the original judgment.