공직선거법위반
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. As to Defendant D’s violation of the Public Official Election Act under the prior election campaign between December 1, 2010 through December 4, 2010 and Defendant E’s violation of the Public Official Election Act under the prior election campaign between March 22, 2011 and March 25, 201, each police protocol against CV, CW, and CX are admissible, and the police protocol against AR against which the lower court did not dismiss each of the above evidence and the lower court found the Defendants guilty of this part of the facts charged, the lower court erred by misapprehending the legal doctrine on admissibility or by misapprehending the legal doctrine on admissibility of evidence, thereby adversely affecting the conclusion of the judgment.
Dob. The sentencing of the lower court (ten months of imprisonment, two years of suspended execution) is too uneasible and unfair.
B. (1) In the instant case of mistake of facts as to Defendants A, B, C, D, E, and F’s violation of the Public Official Election Act, the subsidization of travel expenses to the Chinese seminars and their participants is not prohibited by the Public Official Election Act.
Nevertheless, the judgment of the court below that recognized that the above defendants had caused the Federation to make a contribution to the election of Q, and found the defendants guilty of this part of the facts charged is erroneous and adversely affected by the conclusion of the judgment.
The judgment of the court below which found the Defendants guilty of this part of the facts charged, even though the Defendants did not make an advance election campaign or make an advance election campaign in violation of the Public Official Election Act under the Dol, Defendant A and B’s prior election campaign, was erroneous in the misapprehension of facts and affected the conclusion of the judgment.
Referencely, Defendant A, D, E, F, and G’s similar organizations are subject to the misunderstanding of facts as to the violation of the Public Official Election Act and the Defendants’ misunderstanding of legal principles before Q is registered as preliminary candidates.