beta
(영문) 광주고등법원 2015.01.22 2014노497

공직선거법위반

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

According to the evidence submitted, although the defendant, as the head of the AFC, is not allowed to carry out an election campaign, he can be found to have carried out an election campaign for which five persons, such as G, H, IK, L, etc., appeal to support by J, the court below erred by misapprehending the legal principles on the election campaign, or thereby acquitted the facts charged in this case. This is unfair.

The summary of the facts charged in this case is that the defendant is the head of the NAFFFFFFFFFFFFFFFFFFFFFC, that is the full-time officer of the said association, and that of the

Nevertheless, at around 19:00 on May 27, 2014, the Defendant: (a) stated that “five candidates, such as G, H, I (E election campaigners for the Unclaimed Military Branch), K, L, etc., who are members of C’s meetings, are members of the C’s meetings; (b) “N are a single candidate with a large number of population; and (c) the C, while there are more than N but only two candidates in the region, may not be elected; (c) one candidate may not be elected; and (d) one will not combine with power; and (e) support the election campaign by appealing for the election campaign by the f’s members of the Unclaimed Local Party’s National Assembly who received the election by the P Party at the 6th time nationwide local government election by the P Party at the 6th time.”

Judgment

According to the records, the lower court’s judgment can be recognized that the Defendant made a statement at least at least at the meeting of the instant case containing the same purport as the facts charged.

However, comprehensively taking account of the purpose and progress of the meeting of this case as seen below, the Defendant’s main purpose of the above speech lies in the I’s opinion that there is a need for a single candidate in the presence of two or more candidates in C.