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(영문) 광주고등법원 (제주) 2015.05.20 2015노20

지방교육자치에관한법률위반

Text

Defendant

All appeals filed by A, B, and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) With respect to the fact of a contribution act among the facts charged in the instant case, there was no intention to make a contribution to the Defendant, and there was no violation of social rules, and the illegality is accordingly dismissed. 2) The lower court’s sentence of unfair sentencing (2 years of suspended execution in August of imprisonment) is too unreasonable.

B. Defendant B’s imprisonment (two years of suspended sentence in August) is too unreasonable.

C. The lower court’s sentence against the Defendants (as above, Defendant A, B: the same as above, Defendant C: 2 years of suspended sentence in June) is too uneased and unreasonable.

2. Determination

A. Judgment on the misunderstanding of facts and misapprehension of legal principles by Defendant A 1) Public Official Election Act (hereinafter “Act”)

(2) According to Article 112(2)2 (a) and (e) of the Act, a contribution act prohibited under Article 113 shall be deemed as a contribution act in full view of all the acts providing money and valuables or property benefits without compensation in connection with an election, and so long as such acts do not constitute an act listed in Article 112(2) of the Act. According to Article 112(2)2 (a) and (e) of the Act, the judgment of the court below convicting the Defendant of all of the facts charged of the contribution act in this case is justified and the judgment of the court below is justified, as alleged by the Defendant.