beta
(영문) 서울고등법원 2015.05.08 2015노841

공직선거법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 900,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. On February 22, 2014, the issue in the instant case of mistake of facts, the F’s performance of Korean classical music, which became the issue in the instant case, held a publishing commemorative meeting to commemorate the publication of the book “AG” in the E-School E-School E-H in Yangyang-si, Namyang-si.

In the lower court, the above publishing commemorative association is called the “instant publishing commemorative association.”

After the closure of the meeting, the F, who was in the audience gallery after the closure of the meeting, was stimulated and voluntary, and the defendant did not have been performing in advance the F, so it cannot be said that the defendant was intentional or involved in the contribution act.

In addition, the Defendant did not intend to participate in the 6th regular local election at the time of the publication commemorative meeting of this case, and thus does not constitute “a person who intends to become a candidate” under Article 113(1) of the Public Official Election Act.

Nevertheless, the court below found the defendant guilty, and there is an error of misunderstanding of facts or misunderstanding of legal principles.

B. The sentencing of the court below (the defendant, the prosecutor) on the grounds that the sentencing of the court below (the fine of three million won) is too unreasonable.

(2) The judgment of the court below is erroneous as it is too unfortunate.

(Public Prosecutor) 2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts or misapprehension of legal principles, the argument that the public performance in question does not constitute a contribution act, or that the defendant did not have any intention or involvement in the contribution act, is not acceptable, since the F, which is called the name of the defendant, can sufficiently be recognized as having been performing the public performance at the end of the Publication Commemorative Meeting in this case upon the defendant's prior request.

① The G news report materials that the Defendant Do governor aided stated as the “AH chief of the Gyeonggi-do Council Council member AH”. The Publication commemorative meeting of this case.