공직선거법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) In the facts charged in this case, the court below found Defendant 1 guilty of violating the Public Official Election Act due to the violation of the election period and the publication of false facts among the facts charged in this case, and there were errors by misunderstanding of facts or misunderstanding of legal principles as follows. (A) The Defendant, as a member of the B-Do Council, could report parliamentary activities to the electorate through a report on parliamentary activities pursuant to Article 111(1) of the Public Official Election Act, and at the same time, he could directly appeal for support by having the preliminary candidate for the election of the members of the B-Do Council of the 7th City/Do Council, who was a preliminary candidate for the National
The defendant's act of ordering the members of the center for senior citizens and delivering a report on parliamentary activities is not an advance election campaign prohibited under the Public Official Election Act.
B) The Defendant, who violated the Public Official Election Act due to the publication of false facts, secured the budget necessary to establish L 119 Safety Center as a member of the BDo Council. The Defendant’s election campaign bulletin that secured L 119 Safety Center’s new budget as a member of the BDo Council (hereinafter “instant election campaign bulletin”).
(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable, because the contents are different from the truth in detail and are consistent with the objective facts in view of the overall purport, and there was no intention to publish false facts to the Defendant, not false facts.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles
A. According to Article 59 subparagraph 1 of the Public Official Election Act, determination on the violation of the Public Official Election Act due to the violation of the election campaign period shall be made only from the beginning day of the election campaign period to the day before the election day.