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(영문) 광주고등법원 2013.04.25 2013노14

공직선거법위반등

Text

The judgment below

Part concerning Defendant A and N shall be reversed, respectively.

Defendant

A Imprisonment with prison labor for one year, and Defendant N.

Reasons

1. Progress of litigation;

A. Of the lower judgment, the summary of the facts charged as to the Defendants 1) Defendant A who violated the Public Official Election Act against Defendant A is deemed to be the 5th nationwide local election conducted on June 2, 2010 (hereinafter “instant local election”).

(1) On May 20, 2010, the Defendants were in charge of general election campaign-related affairs, such as N’s election fund management. Except for cases where actual expenses and other benefits are provided pursuant to the provisions of the Public Official Election Act, no person may provide money, valuables, or other benefits in connection with the election campaign regardless of the pretext, such as actual expenses, compensation for volunteers. Nevertheless, on May 3, 2010, the Defendants offered ten unregistered election campaigners, such as C, etc., to the public officials of the N’s office located on the rooftop of N’s election campaign office located on the 10th day after the election campaign, using 7 books and 7 telephone machines located on the 10th day after May 20, 2010 to the public officials of the 20th day from May 1, 2010 to June 1, 2010 to the public officials of the 1st day after the election campaign, and thus, the Defendants’ total account number and 1st day from the 1st day of the 3th day of the instant election campaign.