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(영문) 서울고등법원 2018.02.08 2018노38

공직선거법위반

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

The court below acquitted all of the charges of this case, i.e., violation of the Public Official Election Act due to the violation of prohibition of installation of facilities, and violation of the Public Official Election Act due to solicitation of participation in voting, on the ground that it does not violate the social norms, and appealed by the prosecutor.

Before remanding, the trial held that the Defendant’s act does not constitute a justifiable act that does not violate the social norms and thus, convicted all of the facts charged in the instant case and sentenced a judgment of suspended sentence of a fine of KRW 50,000,000,000,000 won.

The Supreme Court rejected the defendant's appeal on the violation of the Public Official Election Act due to the violation of prohibition of installation of facilities, but there is an error of misunderstanding legal principles ex officio as to the violation of the Public Official Election Act due to solicitation

On the other hand, the violation of the Public Official Election Act and the installation of facilities in a mutually competitive relationship were all reversed and remanded.

An ex officio decision-making prosecutor refers to the facts charged against the defendant on March 22, 2017, which was revised on March 22, 2017.

Among the 1-2 criminal records, “any person shall not be allowed to solicit anyone to participate in voting, including any content that supports, recommends, or oppose a particular political party or candidate, and any person “part” shall not be allowed to solicit anyone to participate in voting by using facilities, printed materials, tape recorderss, shoulder belts, labels, or other marks, such as banner, etc., and thereby “ro, 19-20 criminal records” thereby soliciting the defendant to participate in voting, including any content that he objects to G political party, and at the same time displayed propaganda materials to influence the election.

The term "part" refers to the defendant's facilities, such as banner, printed materials, and