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(영문) 광주고등법원 2020.01.16 2019노289

지방교육자치에관한법률위반등

Text

The judgment below

Part concerning Defendant E and F shall be reversed.

Defendant

The sentence against E is a fine of two million won, defendant, or defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant E1) The Defendant alleged a misunderstanding of facts only stated to the effect that “If there is any money not arranged in relation to F and U, it shall not be paid”, but did not request A to provide a daily allowance which he could not deliver to F and U on his behalf. Nevertheless, the lower court found the Defendant guilty of the facts charged, which led to an error of misunderstanding of facts, and thus, the lower court’s judgment on this part of the lower court’s allegation of unfair sentencing (2.5 million won of a fine) is too unreasonable.

B. Defendant F1) The Defendant alleged a mistake of facts was aware that he was paid daily allowances in relation to lawful election campaign as an election campaign worker of S candidate and received KRW 3 million from A. Nevertheless, the lower court convicted the Defendant of the charge, which was erroneous in misunderstanding of facts, and the lower court’s judgment was erroneous in matters of law. 2) The lower court’s sentence of the lower court on the ground of unreasonable sentencing is too unreasonable.

C. Defendant J 1) did not receive money from Defendant J 1. Nevertheless, the lower court found the Defendant guilty on the grounds of the statement by A without credibility. In so doing, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine. 2) The lower court’s judgment on the ground of unfair sentencing is too unreasonable.

Defendant

K1) The Defendant did not receive money from the Defendant asserting misunderstanding of facts and misunderstanding of legal principles. Nevertheless, the lower court found the Defendant guilty on the basis of the Defendant’s statement without credibility. In so doing, the lower court erred by misunderstanding of facts and misunderstanding of legal principles. 2) The lower court’s sentence (2 million won of fine) on the ground of unfair sentencing is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (the acquittal part against Defendant A and I in the investigation agency of Defendant A.