공직선거법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
Punishment of the crime
1. The Defendant’s defense counsel at the appellate court’s trial on May 23, 2017, asserts further misapprehension of the legal doctrine through his defense counsel’s written opinion, after remanding the case.
Although the argument after the lapse of the time limit for appeal cannot be a legitimate ground for appeal, the argument in the misapprehension of the above legal principles is the same as the ex officio judgment that should be addressed below, so this part of the judgment is substituted.
The sentence (1,000,000 won) imposed on the defendant by the court below is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
A. Of the facts charged in the instant case, the summary of violation of the Public Official Election Act by the prior election campaign and the judgment of the court below 1) of the facts charged are as follows.
No person shall conduct an election campaign except for the methods provided in the Election of Public Officials Act before the election campaign period.
Nevertheless, on April 19, 2015, before the election campaign period of the 20th National Assembly member, the Defendant changed the world if the Defendant is a political party, including the Defendant’s career in front of the vehicles parked in the E apartment parking lot around April 19, 2015.
“To distribute approximately 300 name cards (hereinafter “the instant name cards”) in which the appeal for election of a National Assembly member was made due to the following: (a) an advance election campaign was carried out by displaying a name box; (b) 300 copies (hereinafter “the instant name cards”).
2) The lower court recognized that the Defendant distributed the instant name to the facts charged, and convicted him by applying Article 254(2) of the Public Official Election Act.
B. For punishment pursuant to Article 254(2) of the Act on the Election of Public Officials, the purpose of “election campaign” should be recognized or the pertinent act itself should be recognized as “election campaign.” The meaning of election campaign under the Act on the Election of Public Officials and the scope of election campaign prohibited under the Act on the Election of Public Officials shall be as follows.