beta
(영문) 광주고등법원 2013.08.22 2013노236

공직선거법위반

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 800,000.

The defendant above.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The lower court convicted the Defendant of this part of the facts charged on the ground that there was no fact that the Defendant conspiredd with B, etc. to commit this part of the crime, although there was a misunderstanding of facts or misunderstanding of legal principles (1) of the original judgment (the establishment, use and establishment of a similar agency, establishment of a private organization, election campaign by a person who is unable to conduct an election campaign, participation in the election planning of public officials), and (2) of the judgment (the competition campaign by a person who is unable to conduct a competition campaign, participation in election planning

Even if the defendant received a report from B that he would recruit mobile voting lines using the existing organization of C, and accepted it.

Even if it is not an existing organization, it cannot be deemed that there was a public invitation to newly establish a "Y Emergency Countermeasures Promotion Committee" and "AE Election Countermeasures Committee."

(2) The court below convicted the defendant on the premise that he is for an election campaign, even if the defendant conspireds to commit this part of the crime, although it is not for an election campaign, even though it is not a crime because it is for the competition campaign, it is not for the purpose of the election campaign.

(3) The argument that it is not a similar agency or private organization [Article 1(1) of the judgment of the court of original instance (the establishment, use and establishment of a similar agency, establishment of a private organization, election campaign by a person who is unable to carry out an election campaign, participation in election planning of public officials),] “Y Emergency Countermeasures Promotion Committee” and “AE Election Countermeasures Committee” cannot be deemed as a similar agency or private organization prohibited by the Public Official Election Act, and it cannot be said that it has reached the extent of its use

In addition, it is a private organization already established.

참조조문