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(영문) 광주고등법원 2013.09.26 2013노260

공직선거법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. (1) The defendant (1) misunderstanding of facts is a fact that there is a fact between the points around the instant site after drinking alcohol at the house, but there is no damage to the banner.

(2) The lower court’s sentence (one million won of fine) imposed on the Defendant is too unreasonable.

B. The Prosecutor’s sentence imposed by the Defendant is too uneasible and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. According to the evidence of the court below, the court below determined that ① from 2 to 3 days before the instant case, J was responsible for the field of “E” located in the front of the DMyeon Office at the time of the instant case, and there was a gap between the Defendant and the Defendant on several occasions. ② At around 1:00 on the instant day, J showed that the Defendant: (a) obstructed the instant banner beyond the construction safety line installed at the construction site; (b) obstructed the Defendant’s display of the instant banner on several occasions; and (c) it reported that the instant banner was teared; and (b) the J showed that “the Defendant was satisfing the banner at the time of the instant investigation,” and explained H that “the Defendant was satisfing the banner of the Defendant at his discretion at the time of the discovery of the Defendant’s satisfing,” and that the Defendant was satisfing the Defendant’s satisfing and satisfing the Defendant’s satch.”