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(영문) 광주고등법원 2015.07.02 2015노216

공직선거법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the facts charged is a person who was registered as a preliminary candidate in the sixth nationwide City/Do local election on June 4, 2014.

On May 1, 2014, the Defendant: (a) had no fact that the above candidates moved to the 6th nationwide local election campaign candidate C, D, E, and F, a preliminary candidate of the Dong-si local election, and there was no fact that the said candidates told the public officials in the Ba-si moving to the Haan-gun or the Maan-gun-gun to the Maan-gun; and (b) did not mention the agreement stating the moving of the Mapo-si to the pressure of the Mapo-si; and (c) without mentioning that the Mapo-si Island candidate C, D, E, and F, etc. were sent to the Mapo-si in the Mapo-si Island to the Mapo-si, the Mapo-si, and the Mapo-si to the Mapo-si, the Defendant issued the Mapo-si text messages to the 3th anniversary of the Mapo-si, and then the Mapo-Do, the 3th of the instant text messages."

2. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. At the time of the local election in 2014, there was an integrated theory that was carried out in K and L, an incorporated association, with respect to the integration of Sinpo-si and Sinan-gun (hereinafter “Kan”) and the integrated theory led by S (hereinafter “San proposal”).

The Defendant sent the instant text message that pointed out the problems in K on the grounds of the answer to the K of C, D, E, and F (hereinafter “Preliminary Candidates”), and the Prosecutor indicted the Defendant on the grounds of the answer of preliminary candidates in the wooden Market Preliminary Candidates for S, not the K, that the Defendant published false facts, and the lower court also convicted the Defendant of the facts charged on this basis.

B. The text message of this case is written.