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(영문) 서울고등법원 2013.05.02 2012노4201

공직선거법위반

Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (1) In the case of violation of the Public Official Election Act due to Defendant B’s expression of intent to offer property benefits for the purpose of resigning the candidate, Defendant B’s expression of intent to maintain dignity is merely a advice on the L political career and did not express his intent of property benefits for the purpose of withdrawing L’s candidate. However, the lower court convicted Defendant B of this part of the facts charged as a matter of fact-finding and determination of legal principles. In so doing, the lower court erred by misapprehending the legal principles.

(2) The sentence imposed by the lower court on Defendant B (six months of imprisonment and two years of suspended execution) is too unreasonable.

B. In the case of violation of the Public Official Election Act due to the prosecutor (1) misunderstanding of facts or misapprehension of legal principles or the Defendants’ expression of intent to offer the public office for the purpose of resignation, the Defendants suggested to L the management position of the research institute in light of the context of the proposal. In the case of violation of the Public Official Election Act due to the public prosecutor’s expression of intent to offer the public office for the purpose of resignation, the public office of the research institute is not required to be specified, and the lower court acquitted the Defendants of this part of the facts charged as a determination of facts and legal principles. In so doing, the lower court erred by misapprehending legal principles

(2) The sentence imposed by the lower court on Defendant B (six months of imprisonment and two years of suspended execution) is too uneasible and unfair.

2. Review of the evidence duly admitted and examined by the lower court reveals the following facts. A.

At the time of the 19th total election, Defendant A, while managing a company, such as X and Y, Co., Ltd., Ltd., and was admitted to the Z branch before about 10 years prior to entering the Z branch, was on duty such as the Vice-Chairperson of the Central Party Policy and the vice-chairperson of the military unit, and is now on the Suwon-si Society.

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