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(영문) 광주고등법원 2012.10.25 2012노325

공직선거법위반

Text

The judgment below

Of those, the conviction against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 1,500,00.

Reasons

1. Summary of grounds for appeal;

A. Regarding the part against Defendant A (1) concerning the fact of contribution at the publishing commemorative meeting, Defendant A (A) of this part of this case: (a) the person who holds the publishing commemorative meeting is not Defendant A but AM, the representative director of the Z, and the person who has invited the number of houses is not Defendant A, but AK and AJ, which is the seat of Defendant A, not Defendant A, and Defendant A, Defendant A is not the subject of contribution. (b) As for the fact of distribution of documents, etc. by the law of the sloping, etc., Defendant A distributed a letter of invitation. The letter of invitation is only written only by Defendant A’s photograph and brief personal history, which are written on the cover of “J”, which is the object of the publishing commemorative meeting, and the letter of invitation is not made and distributed for the purpose of influencing the election.

3) With respect to the violation of the election campaign period, the contents of the promotional motion picture are merely the contents of “A” after compressing the contents of “A” among the lower books of the publishing commemorative gathering, and the political contents, such as election related to the election or requesting support from Defendant A in the election, are not entirely included. As such, the screening of the above screen picture does not constitute an election campaign. In relation to the establishment of a similar organization, Defendant A only requested C to engage in an election campaign from January 2012 to April 11, 2012, while requesting C to rent and rent apartment houses to be used as a lodging place, and did not request C to rent and rent apartment houses to be used as an election campaign office. Moreover, there was no instruction given C to do business, such as arranging address records, etc. in a leased apartment house, which is not a pure election campaign purpose, but a pure election campaign act that does not affect the electors in terms of the pure election preparation.