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(영문) 서울고등법원 2014.05.23 2014노431

공직선거법위반

Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 900,000.

The above fines are imposed by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s assertion that there was no misconception of facts in the grounds for appeal filed by the prosecutor. However, Defendant A’s assertion that there was a mistake of facts in the grounds for appeal filed by the prosecutor during the appeal period, including the 15, 16, 27 through 29, 45 through 49, 54, 55, and 60 pages of the grounds for appeal filed by the prosecutor during the appeal period. As such, Defendant B’s violation of the prohibition of the establishment of the private organization by Defendant B does not accept the above assertion. Defendant B’s violation of the prohibition of the establishment of the private organization by Defendant B is a secretary of the National Assembly Twit of the National Assembly member of the N Party, who was a secretary of the 18th presidential election implemented on December 19, 2012, formed a private organization consisting of approximately 27 assistant officials of the National Assembly members for the purpose of twitter, e-mail, and e-mail contact account prepared by Defendant B, the content of the report and the e-mail account.

The term “private organization or other organization” which prohibits the establishment of Article 87(2) of the Public Official Election Act refers to an organization established and established for the purpose of election campaigns for candidates, and refers to all private organizations established or established for the purpose of election campaigns other than the statutory election organization. U.S. organized by Defendant B is a private organization created by the general voters to carry out election campaigns for specific candidates on the Internet.

Nevertheless, without reasonable grounds, the lower court construed the meaning of Article 87(2) of the Public Official Election Act to “organizations established for the purpose of conducting an election campaign in a manner that shows the status of an organization, including an election campaign under the name of an organization or the name of its representative, or carries out an election campaign in a manner that strongly reveals the organization nature,” and then, a member of the National Assembly who was engaged in SNS work with political content individually by Defendant B.