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(영문) 광주고등법원 2013.11.28 2013노352

공직선거법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the Defendants’ grounds for appeal

A. Error-misunderstanding of facts or misapprehension of legal principles is an organization aimed at pure community service, not an organization where Defendants conspired to support a specific candidate. However, in the course of the event, Defendants D and I made a statement to support a preliminary candidate by contingency, the Defendants cannot be deemed to have engaged in a prior election campaign in collusion.

B. The sentence imposed by the lower court on the Defendants (a fine of KRW 1.5 million to Defendant A, a fine of KRW 2 million to Defendant C, and a fine of KRW 1 million to Defendant D) is too unreasonable.

2. Judgment on the misunderstanding of facts or misapprehension of legal principles by the Defendants

A. In full view of the following circumstances acknowledged by the evidence, the lower court determined that the event held by the Fagnam Branch (hereinafter “instant event”) for the purpose of a prior election campaign to support the H preliminary candidate, and that the Defendants conspired in order to conduct a prior election campaign to support the H preliminary candidate at the instant event.

(1) In the event of this case, Defendant C reported the progress by the Defendants, and Defendant C told Defendant C, “On the 18th presidential election of the Republic of Korea, our body is one body and our body will be the one to be our forum for the presidential election of the 18th presidential election of the Republic of Korea,” and “On the date of completion of the 18th presidential election of the Republic of Korea, 13,000 Korean Dongs, who made the highest effort on a national scale in order to make an election of the 18th presidential election of the Republic of Korea in the name of the 18th presidential forum.”

Defendant

D is a person who, in principle, appeals to support the H candidate at the time of personnel management, has "H" and the horses and actions are the same.

In this election, it is absolute to see various divisions so that fiff H candidates can be elected.