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(영문) 서울고등법원 2015.09.25 2015노1379

공직선거법위반등

Text

The judgment below

Of the guilty parts (including the part not guilty) and the part not guilty, paragraph 1 of the attached list of crimes.

Reasons

Summary of Grounds for Appeal

From January 19, 2013, each public opinion poll that the court below found guilty (as to the guilty portion of the original judgment) by mistake of facts and misapprehension of legal principles.

1. From February 18, 2013 to February 22, 2013, online 2 (attached Table Nos. 8) from February 18, 2013 to February 25, 2013, CATI 4 (Attached Table No. 9 of the Judgment of the lower court) from January 18, 2013 to January 21, 2013.

Each public opinion poll in the original judgment is called "each public opinion poll".

The contents included are simply aimed at enhancing the accuracy of the results of the public opinion poll on policy implementation by simply identifying the political inclination of the respondent.

Such a public opinion poll does not constitute an act of surveying support for political parties or candidates that are restricted by Article 86 (1) 3 of the Public Official Election Act.

Even if this provision is considered as a survey of support for a political party or candidate that limits the above provision, the defendant did not directly prepare the content of the opinion poll, and there is no other evidence to acknowledge the defendant's involvement.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.

The result of each public opinion poll on the attached list of crimes (hereinafter collectively referred to as "each public opinion poll of this case") conducted by the defendant in violation of the Public Official Election Act following the planning of each election campaign by the prosecutor (not guilty part) is naturally reported to the G Mayor at the time of F, and this constitutes a preliminary investigation to establish the F's election strategy in the future.

The Defendant was directly and indirectly involved in the establishment of an election campaign plan in the G market at the time of F as the above public opinion poll.

Nevertheless, the lower court rendered a not guilty verdict on this part of the charges by misapprehending the legal doctrine on “election campaign planning”.

each support-based survey.