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(영문) 서울고등법원 2019.06.21 2019노946

공직선거법위반등

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., in the original decision), the sentence of the original decision (e.g., in the 1 year period of suspended sentence, 2 years of imprisonment with prison labor for a violation of the Public Official Election Act and defamation, and 1 year of imprisonment with prison labor for a crime of fraud and each Attorney-at-Law Act

Judgment

The court below held that ① the crime of violation of the Public Official Election Act and defamation of this case is prejudicial to the candidate’s reputation and fairness of election by spreading false facts that the candidate received money or goods and caused sexual problems for the purpose of evading a candidate in an election of a member of the National Assembly. Among false facts known by the defendant, there is a high risk that the fair and transparency of election would be undermined, and thus the crime is not good. The crime of violation of the fraud and Attorney-at-Law Act is committed by deceiving W 73.5 million won by deceiving the victim who requires solicitation in order to obtain new permission for community bus route, and by receiving money or goods under the pretext of soliciting the case to be handled by a public official, it is ordered that the candidate received KRW 15 million in total from Z under the pretext of soliciting or arranging the approval for use and resolution of problems imposed on the building, and the defendant received the status of the defendant, the method and result of the crime, and the remainder of the crime of violation of the Public Official Election Act to the election day.