공직선거법위반
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Each office within the F-Gu office and the F-gu Council visited by the defendant misunderstanding of facts or misunderstanding of legal principles constitutes a place or space open for civil petitioners, and therefore a visit for election campaign is allowed.
In addition, the defendant was only visiting each of the offices of this case in the old and the new and old persons, and there was no purpose of conducting an election campaign.
However, the court below's finding the defendant as a violation of the Public Official Election Act is erroneous in the misunderstanding of facts or the misunderstanding of legal principles.
B. The punishment sentenced by the lower court to the Defendant (the penalty of KRW 800,000) is too unreasonable.
2. Determination
A. The judgment of the court below on the assertion of misunderstanding of facts or misapprehension of legal principles shall state detailed circumstances, etc. on the 3rd 18 to 8th 15 of the judgment, and it shall not be deemed that the office visited by the defendant within the F Gu Office and F Gu Council falls under the "title" under Article 106 (1) of the Public Official Election Act and is ordinarily open for general civil petitioners, and it shall not be deemed a place or space open for general civil petitioners. ② The defendant shall visit each office within the F Gu Office and F Gu Council and deliver his name to the public officials under his jurisdiction, and shall provide them with his name.
The decision was determined.
Examining the above circumstances admitted by the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just.
Therefore, the court below erred by misunderstanding the facts or misunderstanding the legal principles as alleged by the defendant.
Therefore, this part of the defendant's assertion is without merit.
B. The fact that the defendant visited a government office, not a general house, which is not a general house, and that there is no significant influence on the public officials, and that there are many times of door-to-door visits, and that there is a character of a courtesy person, which is favorable to the defendant.