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(영문) 부산고등법원 2010.09.08 2010노548

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 or misunderstanding of legal principles (A) merely sent Q, S, and V e-mail to Q, S, and V as if the Defendant had engaged in an election campaign to Q, and Q, S, and V, and there was no actual election campaign. Each statement made at the investigative agency of Q, Q, S, and V is different from the fact by the investigator’s strong pressure atmosphere, and there is no credibility of the statement written differently from the actual statement.

(B) does not.

Even if the status or the right to direct and supervise UV is only the representative of the AF or the head of the OF market and is irrelevant to the defendant's duty agent, the defendant cannot be deemed to have carried out an election campaign against V by taking advantage of his status as a public official.

(2) The lower court’s sentencing (one year of imprisonment with labor for four months and one year of suspended execution) is too unreasonable.

B. The prosecutor [the erroneous facts or misapprehension of the legal principles (not guilty part)] (1) and the violation of each Public Official Election Act, including the election campaign against F, G, H, I, J, K, L, and M, there is a cell phone telephone call and statement that F, etc. have made telephone conversationss with the defendant or passed around the time when the indictment was written, and it is sufficient to prove the defendant's confession (the content of the e-mail sent to the smuggling Mayor).

In addition, as to the fact that an election campaign was conducted to F, G, H, I, and J among the facts charged, it cannot be deemed that a public official conducts an election campaign using his/her status.

Even if there is an advance election campaign, it can be viewed that there was an advance election campaign.

(2) The content of the e-mail sent by the Defendant in violation of each Public Official Election Act, which includes participation in the planning of election campaign, can be seen as having presented an election campaign plan in preparation for various elections in the smuggling market, and it can be seen as a unilateral act, and the smuggling market gives the Defendant’s e-mail such as “I,” “I,” “I,” and “I,”

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