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(영문) 서울고등법원 2013.05.02 2013노634

공직선거법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts: (a) in the case of a request for provision of money and valuables related to election campaign to E, there is a fact that the demand for activity expenses was made to E on July 201, but it was intended to provide money and valuables, and (b) in the case of a request for provision of money and valuables to D, it was merely paid as a paid worker, and (c) in the case of a contribution act related to the ambling competition, it was indicated that the provision of cash and ambling was an auditor as to whether it was normal; and (d) in the case of a request for provision of food and drink, the food value was borne at a friendship level; and (5) in the case of a request for a hotel letter or human rights donation to D, it was not related to election campaign, or that it was intentionally demanded to provide information to the election commission, but the lower court accepted the facts charged and pronounced guilty. It was erroneous in the misapprehension of facts that affected the conclusion of the judgment.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (one hundred months of imprisonment, two years of suspended sentence, and four million won of additional imposition) is too unreasonable.

B. In relation to the public prosecutor (1) demand and receipt of the price for allowance and election campaign against the defendant related to compensation for actual expenses related to the mistake of facts against D, the court below found that the defendant did not have provided labor as a paid clerk but found that he had provided labor partially.

(2) Although there was a promise between Defendant A and D to make a hotel letter or human rights donation with respect to the portion of the contribution commitment, the lower court did not recognize it and did not make a decision thereon, which affected the conclusion of the judgment of the lower court by mistake of facts and omission of judgment.

(3) The sentence imposed by the lower court on the grounds of unreasonable sentencing (one hundred months of imprisonment, two years of suspended sentence, and four million won of additional imposition) is too uneased and unreasonable.

2. Determination: