공직선거법위반
The judgment below is reversed, and the case is remanded to the Seoul High Court.
1. The grounds of appeal concerning the violation of prohibition of installation, etc. of facilities are examined;
For the reasons indicated in its holding, the court below recognized that the defendant displayed a notice in the decision of the court below three days prior to the election day of the National Assembly member in order to influence the election, and such act does not constitute a justifiable act.
Accordingly, the judgment of the court of first instance which acquitted the above act on the ground that it is a justifiable act is reversed, and this part of the facts charged is found guilty.
The judgment below
Examining the evidence duly admitted and the relevant legal principles of the lower judgment in light of the reasoning of the lower judgment, the lower court did not err by misapprehending the legal doctrine regarding the trial-oriented principle and direct deliberation principle, the act of a political party, the statutory principles of crime and penal laws, the interpretation of “to influence an election” as prescribed by the Public Official Election Act, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal
2. The appeal on the part of soliciting voting shall be deemed ex officio before determining the grounds for appeal.
A. The proviso to Article 58(1) of the former Public Official Election Act (amended by Act No. 12583, May 14, 2014) does not mean that any of the following acts is an election campaign:
“The act of soliciting participation in voting without any content supporting, recommending, or opposing a specific political party or candidate (excluding visits to each particular political party or candidate, or using an identification device, tape recorder, or video camera or making it within 100 meters from the polling station on the election day)” was listed as an act that does not constitute an election campaign.
In this regard, even if the election campaign period is not an election campaign period, the above provision is a means of avoiding restrictions on election campaign, such as solicitation of participation in voting using placards with the name of a political party or candidate.