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(영문) 대구고등법원 2012.12.27 2012노665

공직선거법위반

Text

All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants (1) misunderstanding of facts or misunderstanding of legal principles (Defendant A) clearly indicate that Co-Defendant B and Defendant C, D, and E agreed not to pay money or goods for volunteer service as stated in the facts charged, and rather, they do not pay the money or goods to their volunteers, and they did not instruct them to do so prior to the election campaign period.

Nevertheless, the lower court erred by misapprehending the facts charged against Defendant A or by misapprehending the legal doctrine on the Public Official Election Act, thereby adversely affecting the conclusion of the judgment.

(2) The sentence of unfair sentencing (defendant A: imprisonment with prison labor for six months, and two years, Defendant C, D, and E: each fine of one million won) is too unreasonable.

B. The Prosecutor (Defendant A)’s sentence is too unhued and unreasonable.

2. Determination

A. As to Defendant A’s assertion of mistake of facts or misapprehension of legal principles, Defendant A and his defense counsel argued in the lower court as alleged in the grounds of appeal for mistake of facts or misapprehension of legal principles, and the lower court acknowledged the circumstances as stated in its reasoning based on the evidence duly admitted and examined, and acknowledged the circumstances based on the part on the part on “determination of the argument of Defendant A and his defense counsel” and the evidence duly admitted and examined. Since the statement in the lower court and the Defendant C, X, and E’s prosecutor’s office and court in the lower court are credibility, it can be recognized that Defendant A promised to pay for voluntary service to Co-Defendant B, Defendant C, X, and E as stated in the facts charged, and that Defendant A may also be recognized that he ordered them to campaign prior to

Examining the fact-finding and judgment of the court below in light of the records, the judgment of the court below is just and acceptable.

참조조문