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(영문) 서울고등법원 2015.04.16 2015노514

공직선거법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentencing of the lower court (two million won of fine) is too unreasonable.

2. The sentencing conditions favorable to the defendant are the following: there is no criminal record exceeding the fine, there is no record of punishment for the same kind of crime, and the defendant recognizes as a substitute for the crime of this case.

However, the defendant is in a neutral position as the chairperson of the Lee Dong-gu, representing the 28 village Lee Dong-gu at the same time, and at the same time, has a social responsibility for the fair election in a neutral position. Nevertheless, the defendant was registered as a party member of the past AC Party (AD Party) and became aware of his political party activities while performing his political party activities. The defendant is called the "Korean Dong Dong-si local election (hereinafter "the election of this case").

Before the instant election, the instant text message was sent from March 2014 to a candidate who was a candidate for Hparty. However, from around March 2014, the instant text message was sent to the J candidate’s opening ceremony of the election campaign office, to encourage attendance at the court attendance, to publish the election schedule of the J candidate, and to petition for support. On the day of the election, the instant text message was sent to the village head to encourage voting through broadcast, and as the new wall candidate is anticipated to be elected following the election, the instant text message was sent to support the J candidate, such as sending the text message “D was sent before the decision-making of the PJT market,” and the Defendant merely sent the FF (spouse’s spouse)’s request to introduce a person who will be sufficient to guide the passage of the candidate, but also asked the residents of the NF to visit the market by visiting the NF, to inform him/her of the visit and request him/her from time to time and place by asking him/her.