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(영문) 광주고등법원 2015.04.09 2015노56

공직선거법위반등

Text

The judgment below

The part of the judgment No. 1 is reversed.

Punishment of the first crime in the judgment of the defendant shall be sentenced.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The defendant's abusive theory held by the court below is limited to the crime of violation of the Public Official Election Act (the crime of violation of No. 1 in the market), defamation (the crime of No. 2 in the market), and the crime of false accusation (the crime of No. 3 in the market), not to the purport of the public bath by specifying the residents, but to the purport of the public bath. On March 24, 2014, the defendant ordered M to distribute the report materials in the judgment of the court below to the press company, and the public prosecutor's office of Gwangju District Public Prosecutor's Office did not recognize the fact that the defendant expressed his desire until he submitted a written complaint to the person in charge of civil petition affairs, which affected the conclusion of the judgment by misunderstanding of facts or misunderstanding of legal principles. 2) The defendant's request for a sexual analysis of the crime of occupational breach of trust (the crime of No. 4 in the market) is about the military administration process of the defendant, which is the head of the Gun.

B. The lower court’s sentence of unreasonable sentencing (the first crime on the market: fine of three million won, and the second or fourth crime in its holding: the suspended sentence of one year in the six-month imprisonment) is too unreasonable.

2. Determination:

A. 1) Determination of the lower court on the assertion of misunderstanding of facts or misunderstanding of legal principles (1) The lower court’s determination (1) first, based on the evidence duly adopted and investigated by the lower court, acknowledged the fact that the Defendant, according to the evidence duly adopted by the lower court, was unable to communicate, the Defendant told that he would go to the place where he would go through due to his fingers, and that “the Defendant will go to any son and any son,” and such behavior of the Defendant is a person subject to requisition.

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