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(영문) 광주고등법원 (전주) 2013.05.24 2013노75

공직선거법위반

Text

The judgment below

Among them, by means of a prior election campaign against Defendant A and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. It is unfair that Defendant A’s imprisonment (ten months of imprisonment, 13.6 million won additional collection charges) is too unreasonable.

B. Defendant F1) misunderstanding of facts and misunderstanding of legal principles are Defendant AB on January 10, 2012 (hereinafter “AB”).

(2) The lower court did not err by misapprehending the facts charged, or by misapprehending the legal doctrine, in finding a guilty verdict on this part of the facts charged, or by misapprehending the legal principles, on the grounds that the lower court’s sentence of unfair sentencing (fine 900,000) is too unreasonable.

C. Defendant K’s punishment (a fine of KRW 5 million) by the lower court is too unreasonable. D.

(1) The prosecutor of the Republic of Korea, misunderstanding of facts and misunderstanding of legal principles) regarding Defendant F’s prior election campaign in relation to Defendant F’s “V” group, Defendant F provided meals only at a restaurant with the trade name of Defendant K, L and BJ, which was entirely unaware of Defendant J. Defendant F, Defendant F, the president of the Co., Ltd., accepted the advisory positions of the V group, most of its members, and there is no other reason than the purpose of election campaign at the meeting. Defendant F, a punishment of Defendant F, cannot find reasons other than election campaign for Defendant F’s election campaign; Defendant F, a punishment of Defendant F, could not find out the credibility of Defendant F’s statement; Defendant F, a witness at the court of the lower court without special interest in the case, and Defendant F, a witness at the 50-60 meeting, who was the president of the Co., Ltd., accepted the advisory positions of most of its members; Defendant F, a witness at the 50-60 meeting, and made a clear statement in relation to the election of Defendant F.