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(영문) 광주고등법원 2015.09.17 2015노288

공직선거법위반등

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All judgment of the court below shall be reversed.

The defendant is sentenced to 4 months of imprisonment for the violation of the Public Official Election Act.

Reasons

1. Summary of grounds for appeal;

A. 1) Violation of the Public Official Election Act against the victim P: The victim P took a photograph of the head where the illegal election campaign is being carried out by the defendant, and some violence was committed while blocking the victim's mobile phone in the process of getting the victim's cell phone deducted, which constitutes self-defense, and the lower court found the Defendant guilty of this part of the facts charged, although this constitutes self-defense. 2) Violence against the victim S was not committed by the Defendant due to abusive or smuggling, and the lower court found the Defendant guilty of this part of the facts charged.

3) Damage to public goods: Although the Defendant was assaulted by T’s employees, it was found that the Defendant committed an indecent act and attempted to unlawfully commit an indecent act, and caused damage to the body of the police by spreading the door of the police vehicle in the course of resistance, and thus constitutes a justifiable act, the lower court found the Defendant guilty of this part of the facts charged. (4) In the course of study of alternative medicine, etc., the indecent act against the victim’s Z: (a) there was a large number of enemys treating the victim by cutting his hand or neck, and there was a fact that the Defendant visited the victim’s house with the victim’s day, divided a conversation as to the car rental deposit, monthly rent, etc., and did not commit an indecent act by putting the victim’s am alone. In so determining, the lower court erred by misapprehending the judgment of conviction, without having committed an indecent act.

2) The lower court’s sentence of unreasonable sentencing (two months of imprisonment and 40 hours of order to complete a program, and a fine of one million won is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

The judgment of the court below that the defendant filed an appeal was consolidated in the court of the first instance, and the remainder of the crime except for the Public Official Election Act of the court of first instance against the defendant and the crime of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act.