공직선거법위반
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. (1) When Defendant (i) mismisunderstanding of facts and distributing printed matters as indicated in the judgment of the court below, the purpose was to urge Defendant (i) to pass through the amendment of the Special Act on Sejong Sejong City, and (ii) its time is consistent with the agenda of the National Assembly and overlaps with the election campaign period, and (iii) as the representative of the J is irrelevant to the political inclination and political activities of the Defendant, and thus, the Defendant did not have an intention to influence the election, the court below held that the Defendant was the same purpose. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
【The sentencing of the lower court on the grounds of unreasonable sentencing (the fine of 1.5 million won) is too unreasonable.
B. The lower court’s sentencing is too uneasible and unreasonable.
2. Determination
A. The Defendant, at the lower court, made the same assertion as ① and ② in the grounds of appeal concerning the mistake of facts or misapprehension of legal principles in the instant case, and the lower court rejected the said assertion on the grounds as indicated in its reasoning.
Examining the reasoning of the judgment below in comparison with records, the judgment of the court below is just, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles as to objective crimes, which affected the conclusion of the judgment.
The defendant's grounds for appeal are examined as follows.
Article 93 (1) of the Public Official Election Act limits the acts set forth therein on the premise that "to influence the election" is "for the purpose of influencing the election". It prescribes "the purpose of influencing the election" as an excessive subjective element other than intention, as an objective crime which is required to establish the crime, and its purpose is not required to be actively intended or finally recognized, but it is satisfied only with dolusent perception, and whether it has its purpose or not.